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Land Use Controls RegulationsPrivate_restrictionsHARD

A homeowners association posts a new rule stating that no resident under age 18 may use the community pool after 5:00 p.m., even when accompanied by a parent. Several families object. What is the best analysis?

Correct Answer

B) The rule may violate the Fair Housing Act because it singles out families with children for unequal treatment

The Fair Housing Act prohibits discrimination based on familial status, and homeowners associations can face liability when their rules make housing-related benefits or amenities less available to families with children. A blanket rule excluding all minors from the pool during a major evening period can raise exactly that kind of concern.

Answer Options
A
The rule is automatically valid because common-area safety rules are never reviewed under fair housing laws
B
The rule may violate the Fair Housing Act because it singles out families with children for unequal treatment
C
The rule is enforceable only if the association gives teenagers a separate pool during the same hours
D
The rule is valid unless at least two-thirds of the owners vote to repeal it at the next annual meeting

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Related Topics & Key Terms

Key Terms:

hoa_rulesfamilial_statusfair_housing_actcommon_areasdiscrimination
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