The Fair Housing Act (FHA), enacted as part of the Civil Rights Act of 1968, prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. FHA provisions also impact condominium, homeowner (HOA) and townhome community associations.

Prohibiting Discriminatory Rules and Policies

Community associations must ensure that their governing documents, rules, and policies do not inadvertently discriminate against protected classes. A few potential examples include:

  • Association rules that impose common area use restrictions on children could violate the FHA’s protections against familial status discrimination.
  • Consistently applying selective or stricter enforcement against families with children while ignoring similar behavior from other residents may violate familial status protections.
  • Restrictions on non-English languages in communications or signage could be viewed as discriminatory based on national origin.
  • Restricting religious holiday decorations in private areas (such as front doors or balconies) while permitting secular decorations could constitute discrimination based on religion.

Board members should proactively and regularly review and update governing documents with the guidance of the association’s attorney to prevent discrimination and protect the rights of all community residents.

 

Accommodations and Modifications

Under the Fair Housing Act, community associations are required to provide reasonable accommodations and modifications for residents with disabilities. A few potential examples include:

  • Waiving a no-pet policy to allow a resident to keep a service animal.
  • Adjusting parking rules to provide accessible parking spaces near an individual’s residence.
  • Allowing a resident to install a wheelchair ramp.

Failing to grant these reasonable requests could expose the association to legal liability under the FHA, including complaints filed with the Department of Housing and Urban Development (HUD) or lawsuits seeking damages. Such actions can result in costly penalties, legal fees, and reputational harm to the association, emphasizing the importance of compliance and proactive accommodation of residents’ needs.

 

Equal Access to Community Amenities and Meetings

Community associations are responsible for ensuring that all residents, regardless of their protected status, have equal access to shared amenities such as pools, gyms, clubhouses, and other common areas. This includes not only providing physical access but also ensuring that rules governing the use of these spaces are applied fairly and equitably to avoid potential discrimination claims. A few examples include:

  • Physical accessibility: Associations must ensure that shared amenities comply with accessibility standards, such as the Americans with Disabilities Act (ADA), where applicable. For example, installing ramps, pool lifts, or automatic doors can make amenities more accessible to residents with disabilities.
  • Non-discriminatory policies: Rules that restrict or limit access to amenities for specific groups could violate the Fair Housing Act. For instance, policies that prohibit children from using a pool during certain hours without a legitimate safety-related justification may be seen as discriminatory against familial status.
  • Accessible community meetings: Holding community meetings in wheelchair-accessible locations or providing accommodations, such as virtual participation options or ASL interpreters, ensures that all residents can engage in the decision-making process and community activities.

Ensuring equal access is not only a legal obligation but also a demonstration of the association’s commitment to creating an inclusive and welcoming environment for all community residents.

 

Legal Resource

Community associations must navigate the Fair Housing Act carefully to ensure compliance and foster an inclusive environment. Boards and property managers should regularly review their association rules and consult their legal professionals to address potential concerns. By adhering to FHA guidelines, associations not only meet legal requirements but also ensure fair treatment of all residents.

Do not hesitate to contact our law firm if your association has questions about the Fair Housing Act, resident accommodations, drafting/updating association rules and regulations, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2025 Kovitz Shifrin Nesbit, A Professional Corporation.