Fair Housing Laws CA and new Rental with HOA

[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!

[Nathan Gesner]

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.