Understanding Homeowner’s Associations: The Legality of ‘No Children’ Signs

Homeowner’s Associations (HOAs) are common in many residential communities across the United States. They are responsible for enforcing rules and regulations that maintain the aesthetic and value of the community. However, there are times when the legality of these rules comes into question, such as when an HOA posts a “No Children” sign on their gates. This raises questions about discrimination and the rights of homeowners within the community.

Understanding Homeowner’s Associations

HOAs are organizations in subdivisions, planned communities, or condominiums that make and enforce rules for the properties and their residents. When you purchase a property in an HOA community, you automatically become a member and are required to pay dues, known as HOA fees.

The Fair Housing Act and HOAs

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on race, color, religion, sex, disability, familial status, or national origin. Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under 18.

Under the FHA, it is illegal for an HOA to discriminate against families with children. This includes posting “No Children” signs on their gates. If an HOA is found to be in violation of the FHA, they could face legal consequences.

Exceptions to the Rule

There are some exceptions to this rule. For example, senior housing communities that qualify as “Housing for Older Persons” are exempt from the familial status requirements of the FHA. These communities can legally restrict residency to individuals who are 55 years of age or older.

What to Do If You Believe Your HOA is Discriminating Against You

If you believe your HOA is discriminating against you or violating the FHA, there are several steps you can take:

• Document the discrimination: Keep a record of all interactions with the HOA, including letters, emails, and meeting minutes.
• Report the discrimination: File a complaint with the U.S. Department of Housing and Urban Development (HUD) or your state’s fair housing agency.
• Seek legal advice: Consult with an attorney who specializes in HOA or fair housing law.

In conclusion, while HOAs have the power to enforce certain rules and regulations within their communities, they must do so within the confines of the law. Posting “No Children” signs on their gates is generally considered a violation of the Fair Housing Act, unless the community qualifies as senior housing. Homeowners who believe their HOA is discriminating against them should take steps to document and report the discrimination, and may wish to seek legal advice.