Legal Question in Discrimination Law in Illinois

Condo associations that stipulate Right of First Refusal disqualify veterans from being approved for VA loans in those complexes. Is this not indirect discrimination against the "Miltary Service" protected class as it prevents them from acquiring the housing of their choosing?


Asked on 12/08/10, 7:27 am

1 Answer from Attorneys

What I think you mean is that a condo you want to buy into has a "right of first refusal" in its declaration and that is a provision that prevents the VA from lending on the building. The is one of several qualifications the VA has. On the other hand I know of very few associations that actually care about the ROFR and may be willing to waive it, or even amend the condo declaration to eliminate it, if they feel it is preventing people from buying units and thus throwing more into foreclosure. The problem you may have is that if the VA is not satisfied with a simple waiver, the amendment process takes time, perhaps more than you would be willing to spend dealing with the issue.

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Answered on 12/13/10, 4:33 pm


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