Condo Owners Association Discrimination Against Renters

[renter]

My wife and I live in a condo community with a Homeowners Association. Most of the residents own, and there are a handful of us that rent. We all (owners and renters) pay the same condo fees every month to the association.

Dogs ARE allowed in the community, however the association bylaws are written in this manner:

"Owners may own dogs, and can use the common area to walk them. Owners must clean up after their dogs.
Tenants [ie. renters] may not own dogs and are not permitted to use the common areas for walking animals at any time."

Our landlord has no problem with us having a dog, and we even put down and extra security deposit for him. He said he has never run into a problem regarding his tenants and their pets with the association.

I received a letter today that we will be fined on the basis that we have a dog, and are renters.

Is this grounds for discrimination, based on the fact that owners can have dogs and renters cannot? Do I have any legal basis to pursue this?

I feel it is discrimination against renters. I am looking for a legal basis to fight this in order to keep our dog. Please help. Our landlord is behind us 100% but said it would be on me to fight this thing if necessary.

 

[renter]

Please help-

My wife is very upset about this. The bottom line is this:

Can HOAs make different rules for owners and tenants? Why or why not?

I have not found anything (in any state) pertaining to this by extensive online research...but I did find this law forum.

Thanks in advance-

 

[army judge]

Yes, they (HOA) can make different rules for owners, tenants, and guests.

Your beef us with your landlord.

Get rid of the dog and ask your landlord to create a written addendum to your lease to note the modification about no dogs.

Ask him to return the pet deposit to you.

Or, hire a lawyer and sue the HOA.

Otherwise, the HOA is gonna come after your money with fines.

The HOA may eventually try to evict you.

 

[renter]

Well... it figures. I know life isn't fair, and this is a prime example.

Like I said before, my landlord was upfront about the rule, but maintained that he personally had no problem with us having a dog, and he didn't think we would run into any issues. We have been here almost 5 months, and now for some reason it is an issue with the association. I would ask why segregation against tenants vs. owners is allowed, but it looks like there doesn't have to be a reason.

Looks like the dog is back to my wife's parents, where he stayed for 4 years while she was away at college. Of course, now we are 8 hours away instead of one. He's such a cute little mutt, too....

Thanks for the facts army judge. I have browsed many of your postings and trust that you know what you are talking about. Thank you for helping me choose my battles.

Just curious though, what would suing the HOA accomplish if they are within their legal bounds in these (seemingly) unfair practices???

 

[army judge]

Well... it figures. I know life isn't fair, and this is a prime example.



Just curious though, what would suing the HOA accomplish if they are within their legal bounds in these (seemingly) unfair practices???

It might make them back down and compromise.
This is rare, very rare.
Usually, and in 99% of the case, it accomplishes nothing.
But, some folks need to feel as if they tried; even when you tell them its useless.
You're much smarter than that.
I commend you for having a rare commodity these days, common sense!