Family Not Welcome in Older Condo Community

D.S. from outside of Connecticut writes:

Dear Mister Condo,

My husband, me, & our preschool child live in a privately-owned condo rental. A senior neighbor advised me that there are no kid bicycles allowed here as well as toys & they will be disposed of. Next, the condo manager came by and accused us of not supervising our child and that he was in the street, also parking lot. Allegations not true. Then another Senior resident came knocking with the condo rules. I read them and gave them back. I received a copy of my own rules and did note it stated there are to be no bouncing balls or bicycles in the common areas. My son and I have been yelled and screamed at by neighbors for absolutely no reason at times so it’s obvious they have a problem with us but we are pretty good people who keep to ourselves. I was told by a senior resident that all the neighbors here do not like us living here. He stated it was because of our little boy. Our car broke down on a Saturday and we went to take the bus, I noticed that I was being followed part way to the bus stop by one of the neighbors. I also noticed that she was on the phone. I told my husband I’m sure she was calling the association and letting them know that our car was broke down. I can’t prove that but we did within about 48 hours receive a notice that we were going to have our car towed within 24 hours because it was not running. There are several other cars in our area that are out of compliance with their rules, they have not received any notification to move their cars and they are also good friends with management. Is it legal for them to tow our car only and not tow other cars that are not following the same rules? We were told to just move if we didn’t like the rules, this was by the manager. We never said this and my husband has responded to them via letter. They have now been threatening to tow the car for 2 weeks at least. But they still have not. We are in process if attempting to sell it as per our mechanics advise. Any help would be appreciated.

Mister Condo replies:

D.S., it certainly sounds as though you and your family are not being welcomed in this particular community. Is this an age-restricted community, meaning it was designed for older residents (aged 55+)? If so, I can see where the presence of a child and a young family is not welcome here. Regardless of the reason, you are on the enforcement side of rules violations and I am guessing that will continue unless you are able to fully comply with the association’s rules. That can be quite the challenge with a young child and a broken-down vehicle. As for the enforcement of the rules, that is the association’s duty. Rules are typically enforced at the request of a fellow unit owner who complains about the violation or by the Board or Manager if so empowered. If you observe other violations, you would likely notify your landlord who would inform the association. The association could then take action against the rule violators if they so choose. It is possible that may have a discrimination complaint against the association but I cannot offer legal advice in this column. If you feel you have a case for discrimination, you should contact a local attorney who could better advise you of your options. If I were in your position, I would speak to my landlord and let him know how you are being treated. I certainly wouldn’t renew my lease and I would consider moving out as soon as possible. There is no reason for you to not enjoy your rental home and I am sure you can find a more family-friendly community. All the best!

One thought on “Family Not Welcome in Older Condo Community

  1. This is certainly a tough situation for a tenant.

    However, it’s important that an association not be selective in their rule enforcement actions.

    The tenant and the landlord could seek counsel, who could review the governing documents, and sit down with the association’s board, to negotiate their residency.

    That last suggestion is terribly expensive and ridiculous, which could have been prevented if the owner had not approved these tenants for occupancy. The owner’s decision to rent to these tenants should be under serious inspection.

    Treating tenants like second-class citizens is what’s really outrageous here…and that behavior is all too common.

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