can the board limit pool hours for children in texas

Started by LindaR • 5 replies • 2449 views

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LindaR (Texas)
Posts: 10

Posted:

our condo community has about 70% older adults and our
board of directors with myself as president has limited
children in the pool area between 10 am and 7 pm - we are
having a lot of complaints from the few units that have
small children - are we allowed to make this rule?

JulieS (Georgia)
Posts: 412

Posted:

See my response to a similar question last night. Go to the hoa discussion forum and look at a posting called "Community Pool". You cannot have adult only swim time as it violates the FHA Amendment of 1988.

EdR (Texas)
Posts: 170

Posted:

Can a pool limit time to the adults who pay the assessments for the pool either?
EdR

EdR (Texas)
Posts: 170

Posted:

I meant can pool time be limited, really for either children or adults? And do those pool rules apply to a non-profit-owned HOA pool or are these city/recreational situations? This information could come in handy. We are in TX too.
EdR

MistiH (Texas)
Posts: 52

Posted:

I'm Texas, also. My understanding is that when the pool is "open", it must be open to all residents, without exception.

Loving Life in Texas!
Misti

JulieS (Georgia)
Posts: 412

Posted:

The Fair Housing Act is a federal act/law, therefore it would supercede any state regulations. Since the information I received is from our HOA attorney, I believe it is in relation to HOA's and neighborhoods. If you have a rule that discriminates against age and do not enforce it, you can still be in violation of the FHA Amendment and discrimination. It would be wise for an association to not have adult swim time and set an age restriction on children different than what the courts have found. This could always be discussed with the association's attorney.

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