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HOAs and Condos Protecting Children or Violating Federal Fair Housing Act?

Steve Black

Steve Black

Families with children under the age of eighteen are a protected class under the Federal Fair Housing Act and an alarming number of community associations are unintentionally violating federal law with rules, regulations, policies and practices.

Swimming pool rules requiring a parent or guardian to be present at the pool with young children would seem to be the responsible thing to do, but be careful!  One Court has held that a rule requiring a “parent or guardian” to be present was discriminatory because a slightly older child may be adequate.

Remember adult swim time at the pool?  Adult swim time is likely a violation of federal law because it treats families with children different than families without children. The reality is that adult swim is not about protecting the health and safety of children, it is about adults swimming without being hit in the head with water toys.  .

If your association rules and regulations include the words child, children, minor, toys, skateboards, bicycles, or other similar language usually related to children you may be violating Federal Fair Housing Act guidelines.  It is strongly recommended that you have a community association attorney review your rules, regulations, policies and practices to avoid unintentional violations of federal law.

Author: Steven E. Black
Articles have been Reprinted with permission from Black, Slaughter, Black.

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