Legal Question in Discrimination Law in Virginia

condominium age restrictions

I am a 31- year old single male.I have begun the process of purchasing my 1st home in a condominium community.I just completed the homeowner's association manual.It includes a clause that prohibits occupants under 14 yrs. old and limits visits by such persons to '' less than aggregate of 30 days in any calendar year.''I have 2 daughters(ages 2 and 1)who live their mom'but stay with me every weekend.Can this association restrict my daughters visits and/or forbid them from from living with me if I sought custody of my children in the future? Note:the manual dates back to 1986 when the developement was built.I've been told that fair housing outlawed these practices in 1988.

Asked on 8/12/06, 1:57 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: condominium age restrictions

Fair Housing Laws were apparently amended in 1988 to preclude discrimination against pregnant women

and children(familial based discrimination) and those individuals with handicaps with certain exceptions. All of those exceptions involve only buildings designed and operated for people 55 or older, e.g. 80% of the units occupied by at least one resident 55 or older would be allowed to exclude children. If the condo to which you've referred is one of these kinds of buildings, their lease provision exluding occupants under 14 would likely pass muster with the Fair Housing Act; otherwise no.

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8/13/06, 10:25 am

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