This is not a question that relates to a 55+ limit (for owners), but rather one that comes under FHA regulations regarding potential discrimination against children (or owners/residents with children). As long as there is a valid reason to pick 15 as the age cutoff, then the requirement should be valid.
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
Rules with these type of requirements violate the Fair Housing Act (the “FHA”) which prohibits, among other things, discrimination on the basis of familiar status. Under the FHA, the familiar status discrimination occurs when a homeowner’s association treats someone differently because they have a family with one or more individuals who are under 18 years of age. Rules that unreasonably restrict children or limit their ability to use the common facilities at the property violate the FHA.
Instead, the rule needs to be drafted in such a manner so that it is age neutral. For instance, a pool rule which provides that children under 18 must be accompanied by a parent or legal guardian is discriminatory and violates the FHA. While a pool rule which requires persons who are not competent swimmers to be accompanied by a person who is a competent swimmer is not discriminatory.
Shapiro Gettinger & Waldinger, LLP
118 N Bedford Rd
Mount Kisco, NY 10549-2553