A proposed change to the Broward County Human Rights ordinance impacts how your association will process applications for transfer (sale or lease) approval.
Compliance with federal, state and local fair housing laws is mandatory and thus community leaders must become familiar with what the law prohibits. The Broward County Human Rights Ordinance prohibits discrimination in the terms or conditions of housing, including the sale or rental of a dwelling, on the basis of race, color, religion, sex, national origin, age, marital status, political affiliation, familial status, disability, sexual orientation, pregnancy, or gender identity or expression.
The procedures each association follows in connection with the review and approval of applications for sale or lease approval is dictated by the governing documents of the community. That would change if the Broward County Commission adopts the proposed revisions to the Human Rights ordinance.
Under the proposal, associations would be required to:
- Acknowledge receipt of the application within ten (10) days in writing;
- Specify any deficiencies in the application (in writing) within ten (10) days of receipt of the application (the association must specifically identify each item that needs to be completed or corrected); and
- Notify the applicant in writing of the board’s decision within 45 days.
If applicable, this Written Notice must explain the Specific Reason or Reasons the Association Rejected the Transaction.
We believe many of you will find this proposal problematic for a number of reasons. A professionally managed for-profit rental complex will not be subject to this requirement. Why should community associations have burdens not placed upon other sellers or landlords in Broward County?
The Commission will consider this revision to the Broward County Ordinance at a public hearing scheduled for September 10, 2013. You can voice your concerns to the Commission at this public hearing or get in touch with your community association attorney for clarification.