Q. I was always under the impression that the Association could not make rules for tenants different from owners. I did a quick Internet search and it looks to me like this practice is not illegal, condo boards can make different rules for renters and often do. Is my research accurate?
A. It is important to remember that there is a significant difference between the Board’s rules and the recorded covenants in the community documents. There are court decisions in Florida which prohibit the association from discriminating against tenants in the rules and regulations made by the Board of Directors. For example, if an owner is allowed to have pets under the recorded Declaration and there is not a clear restriction against renters having pets, it is illegal for the Board on its own to adopt a rule prohibiting tenants from having pets. What the Board can do is go to the membership for an amendment to the Declaration in which renters would be treated differently than owners. We have had clients do this successfully. It is when the Board acts on its own with its rule-making authority that the line can be crossed.