Legal Question in Civil Rights Law in California
I live in a senior apartment complex in Escondido,California. Last summer the management limited the hours that children may use the pool. These children are guests of residents in the complex. This year, when I asked about the "children's hours" clause in the pool rules, the management told me that they spoke to their attorney and they were told that limiting the hours that children can swim is, under California law, considered discrimination. This is a 55 and over complex, and many of us are being deprived of quiet use of the pool. Also, people living in apartments around the pool area have complained about the noise. We were satisfied last year to have children at the pool from 1-5 pm, per last year�s rules. Is the discrimination argument true? Thanks.
2 Answers from Attorneys
I am aware of no such law -- generally age discrimination against minors is not a winning argument. There may be an issue regarding guests use of the common areas and whether this restriction is barred by your condo doc's; a review would be necessary before advising of options. Because this is an HOA, the HOA would have inherent authority to govern the use of common areas, including the pool.
If you would like to discuss this further, feel free to contact me.
Regards,
Bryan
Bryan C. Becker
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