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HOA rules can become a real problem when they make it harder for families to use the amenities they’re paying for.
One grandmother ran into that after supervising her teenage grandkids at the community pool.
She stayed outside the water because they’re strong swimmers, but a board member insisted she had to get in with them.
When she refused, he ordered the entire family to leave.
Frustrated, she filed a discrimination complaint, only to have the agency refuse the case.
Keep reading to see what happened next.
I filed a complaint at Division of Civil Rights for Familial Discrimination
I live in an HOA with nasty board members.
I was sitting on the ledge of the pool, supervising and observing my grandkids, who are teenage deep-water swimmers.
A board member said that, as per the bylaws, I must enter the pool. I said that, as per Red Cross guidelines, deep-water swimmers should be supervised from outside the pool. He ordered my grandkids and me to leave the pool.
I requested that this rule be modified to accommodate inexperienced and deep-water swimmers, and my request was ignored.
Unfortunately, her complaint was rejected.
Under the Fair Housing Act (FHA), an HOA cannot discriminate against families with children (“familial status”) by enforcing overly restrictive, singling-out pool rules.
While the U.S. Department of Housing and Urban Development (HUD) allows for rules requiring adult supervision for young children, requiring a parent or caregiver to physically enter the water with them is generally considered overly restrictive and discriminatory.
Overly Restrictive Impact: Mandating that a parent go into the pool essentially prohibits parents who don’t swim, or parents supervising multiple children, from using the facility.
I filed a complaint with the Division of Civil Rights, and they refused to accept the case. Help!
Eek! It’s easy to see both sides, but it would be interesting to read the actual law.
Let’s check out what the folks over at Reddit know about it.
Here’s a good starting point.
According to this reader, she needs to read the bylaws.
Well, it seems like they could’ve just said that then.
If you enjoyed this post, check out this story about neighbors who intentionally tank an open house sale because they want to buy the property themselves.
As this comment explains, that’s not how a board works.
In cases like this, it’s always best to do your own research.
HOA rules can be confusing, and just because the board says something is required doesn’t necessarily mean they’re right.
Since the complaint didn’t go anywhere, she should get a copy of the actual rule and see exactly what it says.
Then, if it still seems unreasonable, talking to an attorney who handles HOA issues may be the best next step.
