Legal Question in Real Estate Law in New Jersey

can the private community I live in discriminate based on ownership of home.

I live in a private lake community for 10 years now, up to now, all tenants and homeowners were treated equaly reguarding the use of the facilties . When a tenant here pays the landlord rent included in that are club dues that are the same that a homeowner pays,, the landlord signs a waiver stateing that they waive their rights to the facilities so that the tenants can use the facilities(pool in general/bring guest) well now the homeowners are discriminating and saying that only homeowners are allowed to bring guest and tenants can also not bring children under 5 with them not only in the pool but around the pool.. The dues are included in my rent and are up to date are they allowed to legaly segrigate tenants and homeowners this way..I have just started a tenants organization in my community and need to the our rights. thanks


Asked on 6/14/00, 10:38 am

1 Answer from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: can the private community I live in discriminate based on ownership of home.

iT SEEMS THAt the Condominium Owners Association may be unlawfully discriminating against tenants, as well as acting outside of the authority of the master deed and by-laws of the association. There are specific state statutes which may also address the situation. Your inquiry would require some legal research. If the group that you have assembled are interested in retaining counsel, then please give me a call. I am sure that I can help.

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Answered on 8/07/00, 10:09 pm


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