Key Takeaways

- Families with children are protected from discrimination under the Fair Housing Act.
- HOAs cannot restrict children from using common areas or impose unfair rules based on familial status.
- Homeowners should document any discriminatory actions and report them to the HOA or HUD.
- Filing a complaint with HUD is a viable option if informal resolution fails.
- Legal assistance from experienced professionals can help ensure that families’ rights are upheld in HOA disputes.

Homeowners Associations (HOAs) are established to maintain the quality and appearance of residential communities. However, some HOAs may inadvertently or intentionally engage in discriminatory practices that target specific groups, including families with children. Discrimination against families with children in housing is a violation of federal law under the Fair Housing Act (FHA). This page outlines the legal protections available to families in California, addressing how they can protect themselves from discriminatory practices by their HOA. 

At LS Carlson Law, we specialize in HOA discrimination issues and are committed to assisting homeowners in these situations, ensuring fair treatment and justice for all families.

Understanding HOA Discrimination Against Families with Children

HOAs are not allowed to create policies or enforce rules that unfairly discriminate against families with children. This includes practices such as restricting access to certain amenities, imposing rules that limit where children can play, or segregating children from adults. Discrimination based on familial status is prohibited under the Fair Housing Act (FHA), which was enacted to ensure equal housing opportunities for all, including families with children.

What Does the Fair Housing Act Say?

The FHA prohibits housing discrimination on the basis of race, color, national origin, religion, sex, familial status, or disability. Familial status includes the presence of children under the age of 18 in a household. The law specifically protects families with children from discriminatory policies, such as those that:

- Limit where children can live or play.
Create rules that are overly restrictive for families with children (e.g., restrictions on play areas or excessive fines for child-related activities).
- Segregate families with children from other residents in any way.

HOAs must ensure that their policies comply with the Fair Housing Act and do not unfairly disadvantage families with children.

How Can Homeowners Protect Themselves from Discrimination by Their HOA, Especially Regarding Families with Children?

If a homeowner feels they are being discriminated against due to their familial status or the presence of children, there are several steps they can take to protect themselves:

1. Know Your Rights

Homeowners should familiarize themselves with their rights under the Fair Housing Act. The FHA makes it clear that families with children cannot be discriminated against in terms of housing policies, including access to amenities, housing assignments, and community rules. Understanding these rights empowers homeowners to recognize when their HOA is acting unlawfully.

2. Document Discriminatory Practices

If you believe your HOA is discriminating against your family, keep detailed records. Document any interactions, policies, or actions taken by the HOA that may be discriminatory. This can include emails, letters, meeting minutes, or any communication that shows a violation of your rights. Photos, video evidence, and written accounts of incidents can also be valuable in supporting your case.

3. Raise the Issue with Your HOA

Before seeking legal action, consider addressing the matter directly with the HOA. Politely and professionally express your concerns regarding the discriminatory practices. Request that the HOA review and revise any policies that violate the Fair Housing Act. Sometimes, discrimination arises out of a lack of awareness, and a conversation may help resolve the issue.

4. File a Complaint with the Department of Housing and Urban Development (HUD)

If the HOA refuses to amend its discriminatory policies or practices, homeowners can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD investigates complaints of housing discrimination and can assist in resolving issues with an HOA. The complaint must be filed within one year of the alleged discriminatory act.

5. Seek Legal Assistance

If the situation is not resolved through other channels, homeowners may consider consulting with a lawyer who specializes in housing discrimination. The teams at LS Carlson Law are well-versed in Fair Housing Act violations and can help navigate the process of holding an HOA accountable for discrimination. We can assist in filing lawsuits, negotiating settlements, and ensuring that families are treated fairly under the law.

Common Examples of HOA Discrimination Against Families with Children

1. Restricted Access to Amenities

Some HOAs have rules that restrict children from using certain facilities, such as pools, playgrounds, or recreational areas. These types of rules violate the Fair Housing Act by segregating families with children from other residents based on familial status.

2. Excessive Restrictions on Property Modifications

An HOA may impose restrictions on modifications that disproportionately affect families with children. For example, some HOAs may ban fences or certain types of landscaping that are important for families with children, limiting their ability to create safe and enjoyable environments.

3. Imposing Unreasonable Noise or Behavior Standards

HOAs sometimes enforce rules that excessively punish children for playing outside or making noise, even if that behavior is normal for children. These rules can unfairly target families with children, creating an environment of discrimination and hostility.

4. Segregating Families

An HOA might make arbitrary decisions about where families with children can live in a community, essentially creating “child-free” zones or restricting certain areas to families without children. This is a direct violation of the Fair Housing Act.

Protecting Your Family’s Rights Against HOA Discrimination

Families with children are entitled to the same rights and protections as any other homeowners, including the right to live in a community free from discrimination. If you believe your HOA is engaging in discriminatory practices, it’s crucial to understand your rights and take appropriate action to protect your family. At LS Carlson Law, we are committed to ensuring that homeowners and their families are treated fairly and legally, especially when it comes to housing discrimination.

If you are facing discrimination by your HOA, contact us at LS Carlson Law for legal advice and assistance in holding the HOA accountable. We are here to help you ensure a fair living environment for your family.