http://www.clickorlando.com/money/18419340/detail.html
Woman Suing HOA Over Marriage Rule
Mother Of 4 Says Covenant Discriminates
ORLANDO, Fla. -- An unmarried mother of four said she is filing a lawsuit against her former homeowners' association whose rules of only allowing married couples to own or rent homes in an east Orange County subdivision forced her out of her dream home.
Keri Holton told Local 6 News reporter Erik von Ancken that she feels the HOA that represents the gated subdivision called Rybolts Reserve discriminates against unmarried people.
"It's not so much about the money, because although it cost me financially, it cost me a lot personally," Holton said. "I want my children to know they were right, and the HOA that they were wrong, and when you're wrong, you have to admit to being wrong."
Holton, along with her four children and boyfriend of six years, moved into a home she rented on Unbridled Drive in January 2007.
"(Neighbors) were surprised that me and my boyfriend were able to live there without being married," Holton said.
"Did you know what they were talking about?" Local 6 News reporter von Ancken asked.
"No. I'm like, 'Why wouldn't we?' I've never had a problem living anywhere. He and I have been together for six years," Holton said.
Holton said they lived in the home for nearly a year before someone apparently went to the HOA and informed it that she was unmarried.
She said letters started arriving in the mail, telling her she had to move out of the subdivision.
"This one is the claim to keep my security deposit," Holton said while holding a letter from the HOA to the homeowner, who sent letters to Holton. "This says my lease was not and will not be approved because a single family consists of a married couple."
Holton said she never hid the fact that she was not married and did not know that the subdivision only allowed married couples to rent homes.
"I was just so frustrated and full of I don't even know what that I would cry and throw things," Holton said. "I started taking depression medication right after that for a couple of months. I started thinking that even in this country, anyone can do anything they want as long as they have more power than you."
The HOA covenanat says, "The word family shall mean one adult natural person together with that person's spouse," which is how the HOA enforces the rule banning gay couples, singles and roommates.
"When you signed the lease, did it say anything about this?" Von Ancken asked.
"No," she said.
Her lease said it was up to the homeowner, not the renter, to get approval from the HOA, but the homeowner did not care, harassing her to the point of embarrassment, Holton said.
Holton and her family left two weeks before the homeowner was ordered to appear for a hearing in front of the HOA.
"It felt like they did it after lying to me. It felt like 'you can come in, come in, now get out,'" Holton said.
Holton said boyfriend left her after the ordeal and she lost $3,000. She said it was hard explaining to her children that she was right even though the HOA was wrong.
"I just want them to understand (that) I didn't do anything illegal with them intentionally, I didn't do anything to mess up their lives intentionally," Holton said. "And everywhere I turn to get help to tell people this is what's going on and they shouldn't be able to do this, everybody was astounded, but nobody could help me."
Local 6 News first reported the HOA rule last month, and real estate agents trying to sell homes in the subdivision said they are losing out on commission, while homeowners are losing out on rent, because of the difficulty in finding qualified married couples.
The HOA refused to talk to Local 6 News, but some neighbors said the rule prevents the neighborhood, which is located near the University of Central Florida, from becoming populated by students.
Holton said she's been told that her only option is to sue the HOA.
"The court can declare the restrictive covenant is illegal or discriminatory or unreasonable, and that would get them the relief they wanted," real estate attorney Sarah Rumpf said.
The manager of the Orange County Division of Housing and Community Development said he will investigate the complaint.