Fair Housing Attorneys for Community Associations

Under the federal Fair Housing Act, condominium associations and homeowners associations may not discriminate based on disability, familial status (including children and pregnancy), race, color, national origin, religion, or sex. In addition to federal law, state laws and local ordinances may provide protections based on sexual orientation, gender identity, marital status, source of income, and age, in certain circumstances.

A reasonable accommodation is a deviation from the governing documents, rules, policies, or practices that may be required to allow a person with a disability an equal opportunity to use and enjoy their unit, lot, or the common elements. Community associations must evaluate requests individually and cannot automatically deny them just because they conflict with the governing documents, as such decisions are made on a case-by-case basis.

Rules and regulations that target children or restrict their use of pools or common elements frequently implicate familial status protections. Even common-sense safety rules can violate Fair Housing laws if they single out children, impose blanket age restrictions, or are not narrowly tied to legitimate safety concerns. Boards should be especially cautious with pool rules, supervision requirements, curfews, or gender-based restrictions related to the use of recreational facilities such as clubhouses, pools, or tennis courts, as these can lead to Fair Housing complaints.

Yes. Emotional support animals and other assistance animals are not considered pets under the federal Fair Housing Act. Associations must evaluate these requests as disability-related accommodations and cannot deny them simply because the governing documents prohibit pets or restrict animals. Requests involving no-pet communities, assistance animals in common elements, or documentation requirements must be handled through the fair housing accommodation process rather than routine rule enforcement.

Boards should involve a community association attorney whenever an accommodation request is made, when enforcement may affect a protected class, or when an owner alleges discrimination. Fair housing complaints can be filed at little or no cost by owners with agencies such as the Michigan Department of Civil Rights or the Illinois Department of Human Rights, and civil rights claims are not always covered by insurance. Early legal guidance helps boards comply with fair housing laws, document decisions properly, and reduce the risk of investigations, liability, and costly mistakes.