Fair Housing in a condo association: families, 55+ communities and assistance animals

Associations are covered by the Fair Housing Act: adults-only rules are unlawful outside a qualified 55+ or 62+ community, no-pet rules yield to assistance animals, and newer multifamily buildings owe accessible design; rental caps applied evenly are not a fair housing issue.

Rules an association may enforce, and rules it may not

A condominium or homeowners association is subject to the Fair Housing Act in everything it controls: approval of buyers and tenants, use of the pool and gym, parking, and the covenants themselves. Restrictions that single out families with children — an “adults only” building, a ban on children under twelve in common areas, a two-per-bedroom cap applied only to households with kids — violate the familial-status protection. Uniform occupancy limits tied to unit size are generally defensible. Caps on rentals, bans on short-term rentals, pet weight limits and architectural rules are not protected-class questions as long as they apply to everyone the same way, so a vacation buyer who planned to rent the unit should read the declaration rather than hope the Act will help.

Second-home buyers and age-restricted communities

Many retirement-belt condos are lawful exceptions to the familial-status rule under the Housing for Older Persons provisions: a community may restrict residency if at least 80% of occupied units have at least one resident aged 55 or older and the association publishes and verifies that policy, or if every resident is 62 or older. Such a community may decline a 48-year-old buyer who intends to live there and may limit how long grandchildren stay. It may not use the age exemption as cover for other distinctions, and the 20% of units that need not meet the age test are decided by the association’s rules, not by the buyer. Ask for the age-verification policy and the current percentage before you contract; a community that has drifted below 80% can lose the exemption, and with it the restrictions you may have been buying into.

Accommodations, modifications and design duties

A resident with a disability may request a reasonable accommodation — an assistance animal despite a no-pet covenant, a reserved parking space near the entrance, a change in the rule on scooters in the lobby — and the association must grant it unless it would impose an undue burden or fundamentally alter its operations. Reasonable modifications to the unit or common areas, such as a ramp or grab bars, must be permitted, at the resident’s expense in private housing. Buildings with four or more units first occupied after March 13, 1991 must also meet accessible design standards: accessible routes, wider doors and usable kitchens and bathrooms in every unit of an elevator building and in ground-floor units elsewhere. A buyer with mobility needs should check the building’s construction date before assuming retrofits are optional.

The lender side of the same statute

The Act also governs lending and appraisal. A lender may price second homes differently from primary residences and may reject a project on financial grounds, but it may not tighten condo standards based on the demographics of the neighborhood or the residents, and an appraisal that references the racial makeup of an area is a complaint waiting to be filed. Complaints go to HUD within one year of the act, or to federal court within two.

What to check

• Read the declaration for rental, pet and age rules before contracting; uniform restrictions are enforceable and the Act will not override them.
• In a 55+ community, ask for the written age-verification policy and the current percentage of age-qualified units.
• Request accommodations and modifications in writing with supporting documentation, and keep the association’s response.
• Note the building’s first-occupancy date: after March 13, 1991, accessible design standards apply to buildings of four or more units.

Frequently asked questions

Can a condo board reject my family because we have young children?

Not unless the community qualifies as housing for older persons — generally 80% of occupied units with a resident 55 or older under a published, verified policy, or all residents 62 and over. Outside that exemption, refusing families with children, or restricting their use of common areas, is familial-status discrimination under the Fair Housing Act.

Does a no-pets rule apply to an assistance animal in my vacation condo?

An association must consider a request for an assistance animal as a reasonable accommodation, even in a no-pet building and even for a part-time resident, and may ask for reliable documentation of a disability-related need when it is not obvious. It may not charge a pet fee for the animal but may hold the owner responsible for damage.

The rule in full: Fair Housing Act. The borrower profile: Condo and second-home buyers. Related guides: Conventional loans for condos and second homes: the extra rules · PMI removal: the 80% request, the 78% automatic cancellation, and the appraisal route · Appraisal gap: what happens when the home appraises below your offer · Credit score needed to buy a house: minimums by loan type, and what it costs to be average.

Other federal rules for condo and second-home buyers

TILA / Reg Z · RESPA · TRID disclosures · ECOA · HMDA · SAFE Act / NMLS · ATR / QM · HOEPA · HPA / PMI · Servicing rules · FCRA · Flood insurance · MARS rule · SCRA · LO compensation

Fair Housing Act for other borrowers

First-time buyers · Conventional borrowers · Veterans · Self-employed · Investors · Retirees · Bad credit · Foreign nationals · Physicians · Heroes · Rural buyers · Refinancing