Age Restrictions in Community Associations

Many communities were marketed as 'adult communities' and the governing documents contain provisions prohibiting permanent occupancy by children.  Are they legal or enforceable?  Joseph Adams provides a brief explanation.

 

 

 

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Dennis Perry - June 10, 2010 12:01 PM

We recently have a condo association board meeting at our complex in West Palm Beach and approved a motion to consider placing an age restriction (no child under 12) on the use of weight equipment in the recreational facility. Currently, our rules and regulations state that no child under the age of 12 is allowed in the gym without adult supervision. Some residents interpret that to mean that they merely need be present in order to be compliant. One resident pointed out that we could be in violation of the Fair Housing Ordinance (Sec. 15-16) if we placed such a restriction on the use of the equipment. Is there any reasonable language we could add to our rules and regulations to protect both the association from any liabilities and not infringe on any resident's legal rights?

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