Legalities surrounding office space rented only to certain people
Hi all! I know in residential leasing, there’s the “fair housing act,” making sure that all housing is available to all those who are qualified and interested. Is there a similar law for leasing commercial real estate?

I am trying to lease an office space in a clubhouse governed by a neighborhood HOA. The HOA is saying that the office space is only available for rent to those who live in the neighborhood. Curious if this seems illegal (or unethical) in some way. 

To add to the story: I already have a signed lease for the space. But now they’re realizing I don’t reside in the neighborhood. I was unaware of this stipulation until yesterday. I already took possession. The error is on their part as they overlooked many times where I listed my address as one not in the neighborhood. The actual lease makes no mention of this stipulation, whoever apparently it is stated in their HOA bylaws/covenants.
[{"id": "j2do5su", "text": "Call your real estate lawyer and show him a fully executed lease. Ask him what to do. It really just depends on the wording in the lease you both signed and your states laws.", "replies": [], "depth": 1}, {"id": "j2du0jq", "text": "The restriction is legal. HOAs can do this. \n\nAs to your signed lease idk. Might ask a lawyer. Have to decide if fighting or forcing it is worth the effort.", "replies": [], "depth": 1}, {"id": "j2dv3a0", "text": "Call a lawyer. This seems fair, but a mistake was made somewhere by someone", "replies": [{"id": "j2eehbg", "text": "I agree completely. If a broker was involved it\u2019s on them. \nBut the owner would be in default in several states that I can think of. A lawyer that can actually review everything would be the one to make the call.", "replies": [], "depth": 2}], "depth": 1}, {"id": "j2dxwb2", "text": "So what do you want to happen? Do you want to keep the space? \n\nIn the landlord sub people love singing cash for keys. I sorta think that makes sense in this instance. They screwed up, they should pay you to make the problem go away. \n\nYou can lawyer up, but they aren\u2019t going to renew your lease best case", "replies": [], "depth": 1}, {"id": "j2e6wx2", "text": "This isn't any different than you claiming you had a lease to say, rent the rooftop pool of a condominium building.  The \"neighborhood\" in this case is a collection of houses, not condominium apartments.  \n\nThe owners of the jointly held real estate assets can decide to do whatever they want. They paid for it, they are paying for the maintenance of it, and can do whatever they want with it.\n\nWhile there may be local laws about this, I doubt it.  Most homeowners and condominium boards don't rent jointly held assets unless under financial duress.", "replies": [], "depth": 1}, {"id": "j2ekv0j", "text": "I would argue that this is the HOA\u2019s problem. It\u2019s not your fault they didn\u2019t do their due diligence. You have a signed lease and possession of the premises. Make them buy you out. Definitely consult a lawyer.", "replies": [], "depth": 1}, {"id": "j2fc1oc", "text": "Depends on the lease but yes a commercial landlord can pick and choose\u2026 further, like zoning, occupancy, and compliance most leases will make it the responsibility of the tenant to be sure to fulfill compliance (so it may read that it\u2019s your responsibility to be compliant and if it is you would be in default), probably a section about compliance with regulations. This is a common clause in any lease. Since it\u2019s an HOA lease it may be dated and lack comprehensive detail. \n\nGood luck, unsure what you\u2019re wanting to achieve but I dunno if you\u2019re going to get anywhere with an Atty who is going to \u201cfight for your rights!\u201d other than understanding the lease and sending a bill\u2026 hopefully you guys can be reasonable and work it out, but I don\u2019t think you\u2019re going to be there for long unless you want to move to the neighborhood. Pretty cool amenity.", "replies": [], "depth": 1}, {"id": "j2fdybl", "text": "if anything in the lease stipulates you must be a resident in the HOA, you\u2019re SOL since you also made a mistake representing you are a resident by signing the lease.\n\nif there is no such stipulation, how much time, money, and stress is it worth to you?  you might get a few $$ out of it but you\u2019re not going to keep the lease in any case.", "replies": [], "depth": 1}]