voting against a single woman who broke the rules

My question would be back to you--- Were the By Laws and other paperwork given to her before she attempted to purchase the home? Your posting is not clear as to what really is the question .In Florida BY LAWS are not recorded in public records for viewing only the Declaration of Restrictions are ,so it may be that she had no knowledge of your BY LAWS ......Also does your BY LAWS specifically state that ALL OWNERS ARE MEMBERS???

Could you please repost with more information as I am also a Florida HOA Member....Linda C

More importantly you better watch out the seller doesn't sue the HOA for interfering with the sale. (Hope your bylaws allow involvement in who can and cannot buy or you best be able to come up with grounds which involve more than perhaps hurt feelings for not following the 'rules' which like the previous poster mentioned, may not have been conveyed to this buyer.

More information is necessary before we know where you/hoa are coming from I think.

more info:
An applicant is placed on a waiting list that is provided to the seller when selling a mobile home. The seller noted that the single woman was not yet a member and was trying to purchase the home anyway--assuming that she would be accepted at the next board meeting. The rules and regs. and the bylaws were provided to the single woman and she also had stayed last winter at this park as a guest so she was fully aware of park policies and procedures. You must be sponsored by a member and placed on the waiting list before buying a property according to the by-laws. There are 22 on the current list and she attempted to place herself ahead of the others and luckily the seller told her she could not sell to her. Now it seems because she is a single woman that the board somehow violated "her" rights when the feeling of the board was that she had total disregard for our by-laws and policies and would not be a good member. The by-laws also state that: The board of directors shall have complete control of admitting a new applicant."
There are laws against discrimination of single women but that was not the reason for refusing membership for her. It was because she violated the policies and by-laws of the park. Her sponsor is very upset at the board's decision.
Hope this info helps.

Sarah

Sarah,
First, does your Declaration of CC&Rs have this selective requirement which is in your By-laws? If not, are the By-laws in conflict with the Declaration? If so, ignore the By-laws.

Second, do you think such a rule may be a violation of the fair housing act? I think your HOA needs to rethink this.

You are correct, that is the procedure for membership. We are a resident owned mobile home park that is not for profit. We do not sell to anyone not on the membership waiting list. How is this discrimination? It has been this way for over 30 years and we have a park attorney who reviews our documents annually.

Sarah:

Your posts continualy referencing this potential homeowner as being a "single women" is somewhat confusing. Do your CC&R's or bylaws say that only single men or families can apply for membership?
Is she saying your board is discriminating against her because she is a single female?
I agree with HaroldS-posting:11/19/2006 2:29am.
Why has no one ever challenged this before?
What if person three on the list offered more $$$$ then person number #1 on the list? What if this "single women" offered more $$$ then all the others on the list?
Doesn't the seller have the right to accept the best offer on their own property?
Call me stupid, but I will remain confused as to how your association could have gotten away with this selection system.

Jim

Sarah-- As a homeowner in an HOA in Florida and somewhat knowledgeable with regards to Restrictions - would you be willing to post the County where you reside and the name of your HOA so I could view your Decs that are recorded in the clerks office ?? I'm trying to get a better understanding of your post...If you choose not to name your HOA that's okay also I understand your need for privacy...It may help some of those reading these posts if you were to give us the EXACT wording that are in your Decs......Then we all could give you guidance with your situation..Right now it's just hard to get a grip on what you are saying..have a Great Day ...LindaC

One more thought Linda we never ever give a copy of our docs to anyone. If you sell in Florida and it is a HOA community you just have to give people access to your docs. You do not have to personally hand someone the ccrs, bylaws etc. After a estoppel is isued we send a greeting letter to the new owner inform them of the web site, the estoppel states to get your mailbox key, as well as your rec area badge from the seller and we send a private letter to the real estate company closeing the sale informing them of these requirements. If not mail box replacement key $25 from USPS, Rec Area badges $5 per badge,replacement docs $15 each after closing only must produce utility bills, or hud-1 form as proof of ownership.
Until our new clubhouse gets built then we will have access to all titles in our county.

Im sorry Im the treasure not the federal govt we dont give away anything except acess to the website.

Please answer these questions:

1. An 85 year old single man applies to your community. He is capable of driving a car to get his necessary living supplies and capable of keeping up his own personal property, but would not have the strength or desire to work on the common property.

Would this man be eligible for membership?

2. What if a 60 year old man who is a paraplegic applies. It is very difficult for him to walk but he is able to drive a car, using special equipment. He is not able to work on the common property. He has a 55 year old wife, who likes to do physical work, and does all the work on their personal property.

Would they be eligible?

3. A 55 year old single lady applies. She is a weight lifter and works as a personal trainer. She states that she is willing to do work on the common property.

Would she be eligible?

4. Have you read your state and federal discrimination statutes, and reviewed any of the case history for these laws?

5. What other requirements does your community CC&R's have for membership?

You stated that your CC&R's are over 30 years old. Much has changed in 30 years, so you would be well advised to get advice from an attorney who specializes in HOA's, and get your documents amended so as to include all of the current laws before the association gets sued.

You stated that your attorney quoted the discrimination law regarding single women. Would you please quote that law for us to read, and tell us what state you are in?

I'm trying to look at what you're telling us in a very realistic manner in order for people on the forum to be able to give you advice.

The more we know about what your CC&R's state, word for word regarding this single woman matter and any other requirement for membership, and the prevailing laws, the better advice you will receive from the members here.

I can't believe what I am reading....women are not allowed to purchase a piece of property because the association performs work themselves and women cannot perform as well as men???

I am a single woman and own my own home. I have changed my own light fixtures, installed ceiling fans, painted and/or wallpapered every room of my home, painted my screen porch after it was installed, installed the screening at the gable by cutting and installing trim pieces...I have also hauled 11 cubic yards of dirt with a wheelbarrow in one day by myself and 8 yards of mulch the next...I planted every tree and shurb in my yard, installed a picket fence and stacked stone wall...all without the help of any men. Granted, I am not considered a senior citizen but give me a break!

Since your documents are 30 years old, you really should consider updating them ASAP. I'm sure you are in violation of the FHA. Not to mention in this day and age, there are more single women owning homes than men. So many more women are independent and quite capable of doing many things themselves instead of relying on men as what used to be the case.

On another note, my independence and love of power tools may be the downfall of me finding a guy to grow old with!