Thank you for your responses, and I won't ask anymore!
BTW, I know it's not quite the same, but the HOA discrimination issue does arise with HUD
, and this situation is also where "equal access to the swimming pool to all residents" is violated.
-- On Realty Times, http://realtytimes.com/rtpages/20080521_hoapool.htm
HUD adopts regulations to clarify the prohibited acts of discrimination in housing
. These regulations include a prohibition against rules that have the effect of restricting a resident's use of the recreational facilities associated with a dwelling based on their familial status. HUD and various cases have found that the Act clearly applies to HOA swimming pools.
If a court finds that an HOA has adopted rules that violate the Act, it will be responsible for the costs of defending against any such claims and may be responsible for paying monetary damages
(actual and punitive), plus the attorneys' fees of the complaining resident.
Therefore, it is in the HOA's best interests to have legal counsel review its pool rules to determine whether they violate the Act. Once it has been discovered that a rule potentially violates the act, that rule must be abandoned or modified. It is not sufficient to take the issue under advisement or investigation.
A quick glance at most HOA rules regarding swimming pools will likely uncover at least one rule prohibited by the Act. These include certain rules based on age, restrictions against children wearing diapers in the pool, adult-only pools and adult-only hours or swim times. These rules are discriminatory under the Act as they appear to discriminate against families with children by not providing equal access to the swimming pool to all residents. Over the past decade, a number of court decisions have applied the provisions of the Act to HOA pool rules and regulations. The cases have held that restrictions on children's use of a swimming pool, where those same restrictions do not apply to other adult residents, are prima facie cases of discrimination under the Act.