§ 85-350. Prohibited conduct by planned retirement community owner or operator.  


Latest version.
  • No planned retirement community owner or operator shall:
    A. 
    Threaten reprisal, overtly or covertly, against any of the homeowners or tenants as a result of their lawful pursuits and activities.
    B. 
    Request or demand that a homeowner or tenant waive his or her rights under this article. Any waiver by a homeowner or tenant of his or her rights under this article shall be deemed null and void as contrary to public policy.
    C. 
    Require a homeowner or tenant to purchase goods or services from said planned retirement community owner or operator, or from any vendor designated by said community owner or operator.
    D. 
    Restrict the installation, maintenance or repair of any property of the homeowner or tenant to specific vendors, including, but not limited to, employees, agents or other persons acting for or on behalf of the planned retirement community owner or operator.
    E. 
    Charge a fee or impose other charges on a homeowner or tenant who chooses to install any property, including appliances and/or fixtures.
    F. 
    Impose any charge for or restrict the ingress to or egress from the planned retirement community of any person employed, retained, or invited by the homeowner or tenant, whether to provide a commodity or service or otherwise.
    G. 
    Restrict the purchase and/or installation of any commodities, goods or services by the homeowner or tenant to specific vendors, including employees, agents or other persons acting for or on behalf of the planned retirement community owner or operator.
    H. 
    Restrict the making of any interior installation, furnishing or improvement to the planned retirement community unit, so long as such installation, furnishing or improvement is in compliance with applicable building codes and other provisions of law.
    I. 
    Pass on the costs of fines, penalties or damages assessed against the planned retirement community owner or operator as a result of violation(s) of any provision of this chapter by increasing the rents, charges or fees of homeowners in the planned retirement community.
    J. 
    Deny or abridge the right of a homeowner or tenant to organize a homeowners' or tenants' association or to assemble within a planned retirement community.
Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015