Hi Cc and thanks for your question to which the answer is a resounding...

"NO."

Even if the HOA governing documents bar children from the complex, provided the community is not a qualified senior housing facility (55+), California Government Code. No. 12956.1 was enacted on January 1, 2000 to remove from force any provisions within the Association's governing documents and rules that seeks to violate the Federal Fair Housing Laws.

Afer January 1, 2000, every homeowners association must include with their governing documents a page with the following disclosure:

"If this document contains any restriction based on race, color, religions, sex, familial status, marital status, disability, national origin or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government code. Lawful restrictions under state and federal laws on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status."

So any provisions that seek to remove children from a community and is NOT s senior housing community may not be enforced as it is illegal.

I hope this helps!

Sincerely,
Grace Morioka, SRES, e-Pro
Agent/Facilitator and CID Expert
Co-Author: "Homeowners Associations: A Guide to Leadership"
San Jose, CA