Legal Question in Disability Law in Florida

Discriminated against my age in retirement communtiy disabled

I have a brother who rents a home owened by my father.It is a 55 and older moblie home communtiy.My father is a share holder here with his lot. They want to throw my brother out of the park for his age he is on full disabilty.Does he have any rights. Help


Asked on 2/16/06, 7:55 pm

1 Answer from Attorneys

Re: Discriminated against my age in retirement communtiy disabled

I do not concentrate in the areas of law that are involved here, but I have one suggestion. There should be a constitution and by-laws, or other set of documents, that includes the rules for the community. Read those thoroughly to see if there are any exceptions to the 55 year old rule. If not, then the type of lawyer you need is one who specializes in community association law, as well as public accommodation of disabilities. There may be an argument that the community should make an accommodation due to the disability by making an exception to the age rule.

Also, if your family has not yet tried, you can write to the association and ask for an exception. Lay out the facts of the disability, how serious it is, how it affects your brother's life, etc., how difficult it would be for him to find an affordable alternative, and see what they say. Be diplomatic. Don't make a demand - just ask for help.

If they say no, at least you can use that as proof if need be that they refused to accommodate him.

If you need an attorney, you can call the Florida Bar (or find them at flbar.org) and get a referral to an attorney who can give you a consultation.

I hope that helps. Good luck.

Jeff Sheldon

The Sheldon Law Firm

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.

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Answered on 2/17/06, 12:12 am


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