Children, Association Bylaws, and the Fair Housing Act
In the May 2005 edition of the New Jersey Cooperator, David Byrne, Co-Chair of the firm's Community Associations group, discussed how to keep association bylaws restricting the activities of children fair and legal.
The article, The Kids Aren't All Right, discussed various scenarios and court cases across the country in which association bylaws ran afoul of the Fair Housing Act.
Excerpt from article:
"...the fact is that quite often, bylaws that state where and when children can play in a condo development or residential building are in violation of the Fair Housing Act and can lead to lawsuits and fines against the development or homeowners association."
I live in a condo and the childrens room has been locked and we are no longer able to enter - supposedly for insurance reasons. The children are not allowed in the gymnasium room - insurance reasons. The music class we had has also been cancelled for insurance. As well the rules state no ball playing anywhere on the property and no bike riding. Is this legal? Can they ban the children like this? Thanks, Heather