Fair Housing Laws CA and new Rental with HOA

Fair Housing Laws CA and new Rental with HOA

Member since 2020 · 27 posts · 2 votes

Hello All,

We are in escrow on our first investment property in San Diego, CA. I was reading The Book on Managing Rental Properties by Brandon and Heather Turner. In chapter 4 "Fair Housing", they speak of a case were tenants won because of discrimination against the tenant's children, "... the apartment complex enforced a policy that said children couldn't play in the grassy common areas of the complex." pg, 47. "A landlord cannot enforce restrictions or conditions on tenants with children that they do not equally enforce with other residents." My new rental will have an HOA and there seems to something similar in the language about the pool. My HOA rules state, "Pool and Jacuzzi hours are 10:00 a.m. to 10:00 p.m.. Children are allowed to use the pool between the hours of 10:00 a.m. and 4:00 p.m.." What do you think? Is it something that can be brought to me by my potential tenants? Is it different because its a pool? Are the rules different because it is an HOA enforcing them and not me? Thanks!

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6y

It depends, but I wouldn't be too concerned about it because it's the HOA rule, not yours. If there were an issue, the Tenant would sue your HOA for creating/enforcing the rule.

It could be legal if it's an issue of safety. For example, maybe the law requires a lifeguard on duty for children and the lifeguard is only available for those hours. Public pools restrict hours all the time and often restrict children hours to create a time for lap swimming, water aerobics, or other adult-related activities.

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  • Investor · Bayside, NY · Member since 2017 · 1k+ posts · 1k+ votes
    6y
    Originally posted by @Summer Noyes:

    Hello All,

    We are in escrow on our first investment property in San Diego, CA. I was reading The Book on Managing Rental Properties by Brandon and Heather Turner. In chapter 4 "Fair Housing", they speak of a case were tenants won because of discrimination against the tenant's children, "... the apartment complex enforced a policy that said children couldn't play in the grassy common areas of the complex." pg, 47. "A landlord cannot enforce restrictions or conditions on tenants with children that they do not equally enforce with other residents." My new rental will have an HOA and there seems to something similar in the language about the pool. My HOA rules state, "Pool and Jacuzzi hours are 10:00 a.m. to 10:00 p.m.. Children are allowed to use the pool between the hours of 10:00 a.m. and 4:00 p.m.." What do you think? Is it something that can be brought to me by my potential tenants? Is it different because its a pool? Are the rules different because it is an HOA enforcing them and not me? Thanks!

    I owned and rented out condos with a strict HOA. I got them at auction and rented them out for about ten years, and when the HOA became PITA, sold it, pocketed my profits.

    Bylaws vary from HOA to HOA. For me, the tenants had to follow the rules set for all residents. But if the tenant is in violation, landlord will be fined and it's up to you to collect from the tenants. In my case, it's not my tenants, but the tenants next door to my tenant, two college girls holding parties late into the night violating quiet hours. The management company sent warnings to the tenants, and notified the landlord and HOA. After several warnings, the landlord was fined, in fact more than once, and forced to finally evict the tenants. My tenant next door threatened to move if the partying continues, and fortunately was solved with the eviction.

    Usually, condo complexes, especially large ones have management companies and PM's that enforces the rules, and as you'll be concurrently notified, along with the HOA, you should step on it as well. And it's you who's subject to the HOA fines.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    It depends, but I wouldn't be too concerned about it because it's the HOA rule, not yours. If there were an issue, the Tenant would sue your HOA for creating/enforcing the rule.

    It could be legal if it's an issue of safety. For example, maybe the law requires a lifeguard on duty for children and the lifeguard is only available for those hours. Public pools restrict hours all the time and often restrict children hours to create a time for lap swimming, water aerobics, or other adult-related activities.

    The DIY Landlord Book4.7248 Reviews
  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y

    That rule violates the FHA. Bring it to the attention of the HOA. Remember, you own a percentage of the HOA. If the HOA gets sued, it gets that money from the homeowners.

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