Condo Association by-laws

[notafrog]

What is the name of your state?What is the name of your state? Wisconsin
I own a condo in a 4 unit building that was constructed about 15 years ago.
At the time of construction a "Declaration of condominium ownership and of
easements, restrictions and covenants" was executed. In the document there is a paragraph dealing with age restriction which in essence prohibits minor children from being permanent residents, limiting the building to adult occupancy only. Eight years ago a local hospital bought one of the units.
Their legal representatives were given a copy of the aforementioned document well prior to closing on the condo. The unit was rented for the past 8 years to a single adult with no incident. Recently this person moved. The hospital is now finding it difficult to rent the unit to an adult only renter. The hospital is concerned that they are in violation of the Wisconsin Fair Housing Act by not renting to a family. That may be the case, but doesn't the previously agreed to by-laws preserve the rights of the other owners to an adults only building? Is the Condo Association within its rights to enforce the age restriction provision that the hospital was aware of prior to the purchase? I appreciate your take on this matter.

 

[Ohiogal]

Local rules cannot violate the law. That is only my opinion. I know there is case law out there where you cannot discriminate against a variety of protected groups. The hospital may be right. While it would be nice to make condo association rules that allow for discrimination it does not make it legal. Consult with an attorney however for the legal standing.

 

[seniorjudge]

What is the name of your state?What is the name of your state? Wisconsin
I own a condo in a 4 unit building that was constructed about 15 years ago.
At the time of construction a "Declaration of condominium ownership and of
easements, restrictions and covenants" was executed. In the document there is a paragraph dealing with age restriction which in essence prohibits minor children from being permanent residents, limiting the building to adult occupancy only. Eight years ago a local hospital bought one of the units.
Their legal representatives were given a copy of the aforementioned document well prior to closing on the condo. The unit was rented for the past 8 years to a single adult with no incident. Recently this person moved. The hospital is now finding it difficult to rent the unit to an adult only renter. The hospital is concerned that they are in violation of the Wisconsin Fair Housing Act by not renting to a family. That may be the case, but doesn't the previously agreed to by-laws preserve the rights of the other owners to an adults only building? Is the Condo Association within its rights to enforce the age restriction provision that the hospital was aware of prior to the purchase? I appreciate your take on this matter.

http://www.usdoj.gov/crt/housing/documents/powersIIcomp.htm

A good place to start your research.

 

[HomeGuru]

What is the name of your state?What is the name of your state? Wisconsin
I own a condo in a 4 unit building that was constructed about 15 years ago.
At the time of construction a "Declaration of condominium ownership and of
easements, restrictions and covenants" was executed. In the document there is a paragraph dealing with age restriction which in essence prohibits minor children from being permanent residents, limiting the building to adult occupancy only. Eight years ago a local hospital bought one of the units.
Their legal representatives were given a copy of the aforementioned document well prior to closing on the condo. The unit was rented for the past 8 years to a single adult with no incident. Recently this person moved. The hospital is now finding it difficult to rent the unit to an adult only renter. The hospital is concerned that they are in violation of the Wisconsin Fair Housing Act by not renting to a family. That may be the case, but doesn't the previously agreed to by-laws preserve the rights of the other owners to an adults only building? Is the Condo Association within its rights to enforce the age restriction provision that the hospital was aware of prior to the purchase? I appreciate your take on this matter.

**A: please post the exact lannguage from the Declaration.

 

[notafrog]

Thank you for your response. The provision in question reads as follows:

5.08. Age Restriction: Permanent occupancy of the units shall be limited to adults (as defined in Section 990.01 (3), Wisconsin Statutes. Minor children shall be allowed on the premises as guests or visitors, but shall not be allowed to permanently reside in any unit. "Permanent occupancy" shall be defined as occupancy for a period of time in excess of two (2) days on any one occasion or fifty (50) days in any one calendar year.

Again, I would like to point out that each of the other three owners purchased their units with the understanding that the building was an "Adults" only building. The hospital purchased its unit with the full understanding of this provision and now wants to "change the rules." I have to ask "What are the rights of the other owners who purchased their units
under the understanding that children would not reside in this building?"

 

[seniorjudge]

Thank you for your response. The provision in question reads as follows:

5.08. Age Restriction: Permanent occupancy of the units shall be limited to adults (as defined in Section 990.01 (3), Wisconsin Statutes. Minor children shall be allowed on the premises as guests or visitors, but shall not be allowed to permanently reside in any unit. "Permanent occupancy" shall be defined as occupancy for a period of time in excess of two (2) days on any one occasion or fifty (50) days in any one calendar year.

Again, I would like to point out that each of the other three owners purchased their units with the understanding that the building was an "Adults" only building. The hospital purchased its unit with the full understanding of this provision and now wants to "change the rules." I have to ask "What are the rights of the other owners who purchased their units
under the understanding that children would not reside in this building?"

Google

wisconsin 990.01(3) housing

 

[notafrog]

Senior Judge. Thank you for your response. While I am not a lawyer, I do not see that the link you provided is on target for this particular situation. It is clear that the defendant had previously rented and "had problems" with renters with children. Also, what seems clear is that the property in question was operated as a rental property from the start. This is an owner occupied building in 3 of the 4 units. The unit in question was sold to the hospital without the required approval of the Condo Association and was rented under the requirements of the age restriction provision. As this is a very small Association (4 individual members) we did not have the resources to mount a legal battle over the original sale, but it was understood (with the hospital's
Housing Director's approval) that the building was "adults only" and the unit could only be rented only to an adult occupant. With their rental of the unit to an adult occupant with the subsequent occupancy of their tennent being about 8 years it was an acceptable situation by the Association. It seems , now, that the current situation of their inability to find an adult occupant(s) makes them desirous of a change in the by-laws, something that the other owners are reluctant to agree to.