Pool Restrictions According to Age in NH HOA

Question:

Can the Board of Directors at a 55+ condominium restrict the use of the pool to homeowners’ guests under the age of 21?

– Marcia

 

Answer:

Hi Marcia,

Courts have previously sided with homeowners after an HOA was sued to do age restrictions in the pool, citing a violation of the Fair Housing Act. While you may argue that a restriction that prohibits children under the age of 12 promotes safety, a restriction that prohibits guests under the age of 21 may not be considered in the interest of safety. It is best to talk to a lawyer before enacting any age restrictions concerning pool use.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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