Im a tenant living in a private community for over 2 years. Now my landlord wants to sell and I found a house to rent across the street. In the same community. The association has not approved my lease application arguing violations to the association rules which Im disputing . I have never receive a single fine and they have not answer the homeowners calls to explain what violations they are referring too. I have never cause harm to per s on or property in my life. The association decision is causing me and my family tremendous anguish.
Defer to the rules and bilaws of the association. Typically the can approve and or deny applications at their own discretion absent any reason or substantiation for their decision.
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Unfortunately, an association, pursuant to its bylaws, often has unfettered discretion regarding approval of tenancies. If they opt not to approve you, you will have an extremely difficult burden to overturn their decision. Anguish, though painful, doesn't appear actionable under the circumstances presented.
You can dispute the allegations all you want but at the end of the day a homeowner association or a condo association is a private company. These private companies can refuse service to anybody just like your local restaurant or shop as long as it's not discriminatory. Discriminatory meaning based on your race, national origin, sex, etc. A legally protected class of people's. Discrimination is NOT merely they don't like you for some reason or there were whatever issues in the community with you(or not); this is a misuse of what legal discrimination is. It sounds like they can reject you where her you like it or not, as its based on they or the neighbors just don't like you. That's not legal discrimination as not liking someone isn't a protected class of people.
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They are a private organization and can deny you application at their discretion. They cannot, however, deny it based on race, age, sex etc.
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