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February 7, 2006
Adult Community - Or Not?
A condoguru visitor sent in a question about board actions. The question touched on enforcement, possible discrimination and meeting protocol. The reader asked: What if any laws govern the Board Members to conform to cocerning meeting protocols? Our HOA Board allows the Board members' children to play where and what ever they want. We live in a small association with one way in and one way out. There is no formal meeting to discuss the problems, prior to concluding to hold a meeting to give all the homeowners a chance to vote if they want the changes. Any Help with this?"
Yes. Boards are required to follow some method of parliamentary procedure at association meetings. They are required to allow homeowners the opportunity to address the Board at meetings, but the board can set reasonable rules relating to time. There are many small homeowner associations in California like yours that were built basically for adult-style living, but later had to open up to families with children when the Fair Housing Amendments Act of 1988 was passed, eliminating age restrictions in all but specifically qualified associations. This does make it difficult - because in many cases there is nowhere for children to play. And sometimes it becomes the older generation pitted against the families with children, at least in the perception of some of the owners. Considerable care has to be taken in rule setting and limitations on play. If there is not a park nearby, and the Association restricts play in the street or on the sidewalks (which makes sense from a perspective of safety and liability issues), sometimes that results in agitated or bored children and/or teens in the neighborhood and that can breed a myriad of problems.
There are solutions to this dilemma - and communication and encouragement is important. Sometimes the older folks can help the younger families. And children can bring energy to the neighborhood. It helps to try and empathize with each other. Probably one of the worst things that can happen is the older people warning tenants or prospective buyers that children are not welcome in the neighborhood or that there is no place to play and the family would not be happy there. This can lead to discrimination claims.
Posted by Beth Grimm at February 7, 2006 9:15 PM