2020 OUTLOOK: PROTECT YOUR COMMUNITY FROM
CLAIMS OF DISCRIMINATION
As a board member, you must protect your community from claims of discrimination at both the
state and federal level. The following are two potential claims of discrimination your association
may face and tips to handle them.
• Assistance Animals
Assistance animals, like service animals, comfort animals, and emotional support animals, are
required to have reasonable accommodations under the Fair Housing Act. Because assistance
animals aren't viewed as pets, community rules regarding pets—like size and weight limits—
don't apply. If a homeowner requests an accommodation, boards need to be careful about
how they respond. Attorneys suggest boards implement a very limited vetting process and
consult counsel before questioning owners, denying requests, or even adopting restrictions.
• Pool Rules
Community associations may also run into Fair Housing Act issues with pool rules. For
example, according to the Fair Housing Act, your pool shouldn't have age restrictions, like a
designated adult swim time, because it's discriminatory. Some states offer guidance on these
restrictions and have laws in place, so it's best to seek legal counsel before taking action.
It's easy for residents to file a complaint with the United States Department of Housing and
Development (HUD) about assistance animals and pool rules—and it's also easy for HUD to open
an investigation. When it comes to gray-area rules, talk to an attorney, and make sure you have a
sound protocol in place to protect your community.
