May an association adopt a pool rule that requires any child fourteen or under to be accompanied by an adult of eighteen or older?

The Fair Housing Act (“FHA”) prohibits housing discrimination on the basis of such factors as race, religion, or familial status. An association rule requiring children to be accompanied by an adult when using the pool has a high likelihood of being seen as discriminating against families with children. Associations may, however, adopt rules related to pool use for safety purposes, but the older the age limit, the less the rule can be justified as a safety-related rule.  Consider revising the rule to dispense with adult supervision for those residents under the age of fourteen who can demonstrate swimming proficiency.

Community Essentials - December 2005