Legal Question in Landlord & Tenant Law in Florida

Can a condo association have common area parking that discriminates between owners of condo units and renters of condo units? We live in a condo building in which there are two extra parking spaces for use by anyone residing in the building according to our lease. We recently received a notice that these extra parking spaces are for condo owner use only and not renters. This definitely sounds like discrimination to me. Can they do this?

Thank you in advance for your help.


Asked on 11/20/09, 7:57 am

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Every difference in treatment is not legal "discrimination." Here, as a renter, you are not a protected class under the law. You can look at your lease to determine your exact rights to parking under the lease. If the lease doesn't say you get a reserved spot, then you don't.

The only thing which may change my answer is if you are entitled to park in a handicapped parking spot.

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Answered on 11/25/09, 9:32 am
Lesly Longa Longa Law P.A.

They probably can. It is private property. You can check your lease, check with your landlord's condominium association rules, etc.

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Answered on 11/25/09, 9:49 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It is not an impropert discrimination. As a renter, they can treat you differently.

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Answered on 11/25/09, 10:01 am


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