Does your Association have rules that target children? Does your Association have rules that apply differently to children and adult residents within the community? The following case is a cautionary tale for Condominium Associations and HOAs—repeal those rules now, or potentially face a losing battle pursuant to federal law.
In a federal district court case from early 2020, a homeowner brought suit against his HOA alleging that the Association’s rules with respect to use of the tennis courts, the pool, and clubhouse were discriminatory. The tennis court rules stated that adults had court privileges over children after 3:00 PM on weekdays and any time on weekends and holidays. The pool rules stated that residents 14 through 18 years of age were limited to one pool guest per person, while adult residents were permitted to have up to 6 pool guests at a time. The clubhouse rules stated that it was reserved for adult use only during summer months while the pool was open. The homeowner claimed that these three rules discriminated against families with children (also known as “familial status”), which is prohibited by the federal Fair Housing Act (FHA).
Continue Reading Rules that Target Children Really Target Your Association (for Discrimination Lawsuits)