AGE RESTRICTIONS for common amenities – permissible? IMPORTANT INFO!!!!

MUST READ IF YOU HAVE ANY HOA AMENITIES – In Utah, the Anti Discrimination and Labor Division (UALD) enforces the Fair Housing Laws.  If you live in an HOA you are subject to the Fair Housing Act (FHA) which prohibits discrimination in living arrangements.  One of the classes of people protected against discrimination are those under the age of 18 years (if you are under 18 you are deemed a child).  The following will be short but could save you thousands of dollars.  One of my HOA clients has a pool and weight room within their clubhouse.  The HOA has adopted rules that state if you are under the age of 17, you must be accompanied by an adult if you use the weight room.  At first blush, this rule makes sense.  You do not want children lifting weights that are too heavy and used when they are unsupervised.  This could be a tragedy waiting to happen.  However, my clients just prevailed in a particular discrimination case BUT the ruling came with the following warning:  “Although this rule is obviously based upon safety concerns, the UALD is concerned about how this rule impacts families with children – particularly requiring a 17 year old to be accompanied by an adult.  Such a rule should be based upon safety concerns and tie the use of a facility to an appropriately mature disposition, perhaps NOT related to age.  There are many 16 year olds that possess the appropriate maturity to use fitness equipment without the supervision of an adult.  The Association is HIGHLY encouraged to modify their rules to tie the use of workout equipment, not to age, but to an ability to appropriately use the equipment.”

YOU HEARD IT  –  rules tied to age are going to get you in trouble.  If you have a pool, hot tub, weight room, gym, or simply a clubhouse, contact me to review your rules.  Fair Housing violations can be extremely costly and you do not want to get in trouble even if well-intended.  HOPE THIS HELPS.

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