Can a HOA bar children from a non-senior complex?

Asked by Cc Wong, Los Angeles, CA Tue May 5, 2009

This is regarding a townhouse in Monterey Park, CA. It's not senior housing. The CC&R document has stated a no children policy. Is this actually legal?

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Dorene Slavi…, Agent, Torrance, CA
Mon Sep 26, 2011
Dear Cc Wong,

Unless this is a Senior Development or a small property where the owner resides, this practice or restricting children has been illegal for 20 years!

It is illegal for housing developers, landlords, and even homeowners associations to deny housing to families with children or to place unreasonable restrictions on children.

My advice is to read the fair housing laws located on the H.U.D. website at http://portal.hud.gov.

Best of luck to you!
Web Reference:  http://www.doreneslavitz.com
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Grace Hanamo…, Agent, Cupertino, CA
Tue May 5, 2009
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
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