The Fair Housing Act prohibits discrimination against individuals based on race, color, religion, sex, handicap, familial status or national origin. The Fair Housing Act applies to community associations in that it prohibits discrimination in the provisions of services or facilities with respect to residential housing.

Many community associations try to implement rules and regulations that limit the use of the common elements by children.  Where an association gets into trouble is by failing to realize that children have the same rights of access to the common areas as other residents that are adults.

Rules restricting “children playing” in common areas have been ruled invalid because, even though safety concerns exist, the rule is overly broad and has the impact of limited children from using large areas of the property.  On the other hand, rules prohibiting bicycle riding, skateboarding, rollerblading, etc. on common area sidewalks, walkways, and parking areas that are age neutral are valid.  Read more……..