Can an HOA Exclude People?

Passing Philadelphia HOA Board Inspection Tips

The answer is yes. There are legal age-restricted communities. But even in those cases the problem is not in purchasing the condo, but rather in placing a resident in the unit. In most age-restricted communities there are bans on residents who are younger than 55 years of age, while in some communities residents under the age of 62 are not allowed because of the way the federal law is written. There are exceptions for caregivers, disabled adult children, and a few others, but these developments are basically for seniors only. Interestingly enough, there was a news story a few years ago on an HOA association in Florida that banned lawyers (what a concept!). Condo associations may not discriminate against property owners in the purchase and sale of any condominium—to the extent the HOA association gets involved in the purchase and sale, which would be more in a cooperative than in a condominium—on any grounds that could be considered discrimination or in violation of the federal or particular state Constitution. This means that if you want to purchase a condominium in an association and for reasons other than the community being a valid age-restricted community you are told that you cannot, this may be unlawful discrimination and you should see a lawyer. There are many documents that exist in the United States that ban certain people—based on race or religion or the like—that are simply unenforceable and illegal.

Leave a Reply

Your email address will not be published. Required fields are marked *