The heat hitting Denver this weekend has reminded several clients to ask us to review their pool rules. Community associations are "housing providers" under the Federal Fair Housing Amendments Act, and thus our pool rules need to comply with Fair Housing requirements.
Fair Housing prohibits housing discrimination based on the following factors:
- National Origin
- Familial Status
A rule that might seem reasonable and appropriate to a community, such as requiring all children to wear swim diapers, can result in a Fair Housing complaint. If you’re revising your rules, look to objective guidelines for your restrictions. Health and safety requirements apply to everyone, regardless of whether they are a member of a protected class. It is possible to create rules that accomplish your goals without running afoul of the law. Talk to your attorneys to ensure that your concerns are appropriate, and that your restrictions are expressed in a manner that protects your community from a Fair Housing complaint.
In the meantime – stay cool out there!