COMMUNITY LIVING

Personal Newsletter for Friends and Clients
November, 2009 No. 64

ASSOCIATIONS AND FAIR HOUSING LEGISLATION.  Adopted in 1968, the federal Fair Housing Act prohibits discrimination based on race, color, religion and national origin.  In 1974, the federal law was broadened to protect people with disabilities and families with children.  Further, state and local laws have broadened protected classes to include sexual orientation and income.

Below are some areas where Fair Housing Legislation affects Associations:

1) Rules Enforcement.  Community Association Boards can be accused of targeting owners for rules violations because of race, ethnicity, or religion.  In addition, Boards can be held liable for discrimination for not protecting one resident from another.  Enforce rules uniformly to avoid this pitfall.

2) Rules Restricting Children.  Rules passed by Boards which restrict children at recreational facilities are considered discriminatory.  Adult swims and adult-only tennis court usage are no-nos.

3) Access for the Disabled.  Prohibitions on alterations to the exterior of the home structure can be considered discrimination if the person requesting the alteration needs it to accommodate his/her disability.  Even though a ramp may be considered unsightly, the alteration must be approved.