My condo association is discriminating against me. How do I protect myself legally?

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I bought an investment property for a vacation rentals 11years ago. We were the first owners in a 6 unit property but at one time there were three units that rented. Now the building has only 1 other unit besides mine that rents (three of the units use as a second homes) and they have long term rentals. Because the unit is financially draining I make most of my money with weekly rentals. Someone bought the unit downstairs to live on a full time basis and now he is making a big deal about our rentals because of the noise issue even though the issue of noise has been in every unit. Now this person is making the board put restrictions just on us and not on everyone else.which is discrimination from what I've read. How do I protect myself legallly to not have a hughe financial hardshi

Attorney Answer

1
Jody Peskin ·
You need to contact a local real estate attroney for a one hour consultation and ask what your rights are. Usually "discrimination" relates to being treated differently when you are in a protected class such as race, gender, age, religion, etc... However, generally an association is not to make rules/regs that single out a person or are considered arbitrary and capricious. Review your covenants and see if the board is acting within its authority. Also, stacked units, unless really well built, usually create some sort of noise for the person below. Have you found out specifics about the noise they are complaining about, in case it can be fixed by changing tile or hardwoods to carpet, or adding soundproofing? Or is it just that families moving in and out every week is a nuisance. Talking to an attorney will provide you with options.
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