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Racist and discriminating Condo Corp Rules

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1 Racist and discriminating Condo Corp Rules on Wed May 09, 2018 1:01 pm

Rainer


Arresto Menor
Dear Attorneys ,
First thanks for this forum – it is a great and helpful initiative. Much appreciated.

Question: Is it legal for an Admin of a Condo Corp. to ask for immigration verification?

Our Condo by SMDC is managed by a Management Company called Greenmist.

The Complex Manager (she) recently declined a move in of foreign tenant based on a missing VISA verification. After quite some delay, trouble and tears the Move-In was finally allowed but with the demand to produce the Visa page of the passport.
Now there is no mentioning in the house rules about Visas and in our view it violates the privacy rights of a person.
Admin is neither police nor immigration and permitted to ask for such details and in what way is that needed for fire security, general security or the effective management of our Condo.
It is also questionable if the Admin Company is allowed to store such information – nothing is known for how long they will store information and how and when it will be deleted and disposed of in a proper (we can just hope) way? What is the legal situation with regards to all these information stored in just folders - sometimes used as scratch paper with sensitive info on the back struck through.

In our humble opinion this could be seen as harassment towards unit owners that are frequently leasing their units and are therefor not favored by the Manager. Also it seems to be racist towards foreigners to pick some out based on their nationality or skin color and selectively ask for VISA verification.

You opinion is highly appreciated.

With best regards
Rainer
Unit Owner and Landlord / Lessor

P.S. We refers to a group of unit owners and lessors that are subjected to this treatment by Ms. Complex Manager.

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attyLLL


moderator
In my opinion, this is a gray area. the only standard is reasonableness when it comes to registration of tenants and documents. Write a letter and inquire their written policy about foreigner tenants. Ask for the resolution when it was approved by the Board of Directors of the Condo.


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Aargee


Arresto Menor
Dear Attorney LLL,
Smile sorry don't know your name, hope you don't mind LLL
and thanks for taking the time to answer.

We have an official handbook with the rules of our condo corp. There is no word of Visa Verification. As such - it is not required. Yet it is demanded. But the question is the legality here:

Can - even if the board approves - sensitive, private or MYOB data be demanded and taken as ground to approve or disapprove a Tenant.
What if they want to know financial standing or other funny privacy violating things?

You may argue - if the tenants would have known that - they could have chosen to not rent a room there. But please see also the unit owners. They have invested in SMDC's condo only to find themselves subjected to this harassment of their guests. It threatens directly their income and livelihood. But the owners - nor the guests - could have known that SMDC and Greenmist is changing the rules on the fly.

So can the Condo Corp really ask a tenant for my Visa Stamp? What if I deny - can Condo Corp take that as ground to not let them enter the premises - even if all requirements are fulfilled?
And:
Were do you see harassment and racism start? If not there and then.
Making up rules that are not published nor known to anyone on the fly to discriminate third parties of certain race or colour?

I remember to have read a racism law once long time back. So there is such a thing - right? You might know being a lawyer.

Thanks again - and sorry that grey areas are never satisfying... the nature of the thing.

wbr
Rainer


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