1-888-800-1042
Kaman Cusimano Logo

Condo | HOA Lawyers

Lawsuit Targets Condominium Rules Discriminating Against Children

The U.S. Department of Justice filed a lawsuit against a Minneapolis association, its management company, and its property manager for allegedly adopting condominium rules that illegally discriminate against families with children, in violation of the federal Fair Housing Act.  The lawsuit seeks a court order prohibiting future discrimination, monetary damages, and a civil penalty.

The Department of Justice claims that the association, management company, and property manager enforced rules prohibiting playing on the grass and riding bicycles against children but not against adults.  In addition, the association’s rules allegedly ban children specifically from “playing in hallways, stairwells, driveways, elevators, garages, or any other potentially dangerous area.”

To read more about this story, please click on the link below: http://www.startribune.com/local/west/233503901.html

The Fair Housing Act makes it illegal to discriminate on the basis of familial status.  As a result, to avoid discrimination claims, community associations must adopt and enforce rules that apply to all residents, not just children.  For example, a rule prohibiting bicycling in the parking lot should state: “Bicycling in the parking lot is prohibited” as opposed to “Children are not permitted to bicycle in the parking lot.”  In addition to adopting proper rules that apply to all residents, an association must evenly enforce the rules against adults as well as children.

Categories

Three bars icon gold

Recent blog Posts

Three bars icon gold

Managing Misinformation on Social Media

In today’s digital age, online platforms and social media have become effective tools for communication ...
Read More →

Partner Nicholas Meinert Presents at Northern Ohio CAI Chapter on the Corporate Transparency Act

On June 14, 2024, Partner Nicholas Meinert presented to the Northern Ohio Chapter of the ...
Read More →

Partners Dan Miske and Lydia Chartre presented at Wisconsin’s Chapter of CAI on reserves and lending

On May 23, 2024, Partners Dan Miske and Lydia Chartre presented a webinar for the ...
Read More →

Strengthening Community Associations: The Vital Role of a Comprehensive Assessment Recovery Policy and Procedure

Community associations are founded on principles of shared responsibility and collective maintenance. From maintaining common ...
Read More →