Are renters a "protected class?"

In our HOA of 181 homes in Central FL we are having some issues with the behavior of some renters (we have 15 homes with renters) A small minority of them have no regard for our rules and regulations, they invite large numbers of people every weekend and they take over the pool area and our lakefront common areas. Vandalism has increased and it seems that every time there is a problem it is almost always a renter.We have asked the board to put something in the R&R's limiting the number of guests or maybe not allowing renters to use the pool or beach area. Whenever a new renter moves in, we furnish a copy of the R&R's to the tenant and landlord but it seems some renters think the rules do not apply to them since they are not members and some absentee landlords don't care about the rules as long as the rent check clears. One board member claims that if we single out renters and exclude them from the use of some amenities, we may get sued for discrimination since renters are a protected class such as a minority. I say they are NOT a protected class. What are some of your thoughts or comments, please.

Jerry I think your one Board member has no clue what they arespeaking about.

As an owner IMO you have no obligation to accept this sort of behavior.
Nor do the other owners.

If you have R&R's add some restrictions as to who and how many "guests" might use YOUR property.

As to the other violations or problematic behavior the Board should follow the process hopefully in place with a warning, fine and whatever else is in your documents.

I would not allow 15 tenants to ruin the ability of owners to use their property peacefully and quietly.

These are not public pools or beaches and the Board would have every right to control who uses them.

Is the pool or beach monitored by some sort of staff???

Should be an esy fix.

Jerry,

The issue with Renters is that they did not agree to comply with the CC&Rs or any rules and regs with the Association. The Owner did this.

Most owners have a clause in the rental agreement that the renter must comply with all Associations rules/regs. If the rental agreement does not have this, then the Renters technically don't have to comply.

However, the owner is responsible for the actions of their tenants (in regard to compliance with the rules). If the renter is not complying with the rules, go after the member. After a few complaints and/or monetary penalties for non compliance by their renters, the owner will likely not renew the rental agreement. It's also possible, depending on the wording of the rental agreement, that the owner may terminate the lease and evict the tenants.

Just remember that the agreement is between the owners of the properties. Not the Renters.

Tim

Florida Statute 720.305(1)

720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—
(1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;

(b) A member;

(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and

(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.

The prevailing party in any such litigation is entitled to recover reasonable attorney’s fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney’s fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.