Age restriction at the community pool

We would like to have the rule "children under 18 must be accompanied by an adult over the age of 21". What is the restriction for your pool? Is this discrimination?
Thank you!

Google on {hud age limits pool}, and a number of sites come up saying that the rule you propose would be seen as unlawful discrimination against kids, translating to unlawful discrimination on the basis of familial status. Here's a statement from 2015 from a Georgia law firm specialized in HOA law:

"Current HUD opinions for the most part have found restrictions limiting the use of a pool by children under the age of 14, 13 or 12 without adult supervision to be reasonably related to the health, safety and welfare of the child. Any age limitations above that will call into question as to whether or not the concern is over a child being a competent swimmer so much as it is limiting the use of the pool by children. Please note, however, there are some circumstances where a higher age limit may be acceptable, such as the use of gym equipment or weights. Furthermore, case law involving FHA complaints is constantly evolving so it is important to monitor the current case law to ensure compliance with the FHA."
-- https://coultersierra.com/wp-content/uploads/Coulter-Sierra_Newsletter_April-2015.pdf

Add to that we've had multiple teens take over the small pool (capacity 46) and have caused damages..

I hear you, but HUD expects the HOA to fine for damages, rowdiness, et cetera rather than make a blanket assumption that all minors of a certain age will do damage, be rowdy et cetera. HUD does not even want HOAs to disallow kids from playing in HOA-owned streets.

Even if you had such a rule requiring adults to be present, you also know or should know that doesn't guarantee anything. How many times have you seen adults yap among themselves, sleep, read or do something else while the kids are running wild, perhaps looking up briefly to say "Johnny, stop that!" while the kid ignores him or her?

You should still consult your association attorney to see if you can or can't enact such a rule, but for now, job one should be to focus on the problem behavior - when you enact clear and specific rules and enforce them, there may be some pushback at first, but fairness and consistency is key. Once people see you mean business, that may reduce the amount of mayhem.

When we had our pool (we got rid of it due to mounting costs), no one was admitted to the pool without a pass. I believe we issued 4 per household, which the homeowner's guests could use. Homeowners were ultimately repsonsible for the behavior of people in their household, or tenants and visitors - misbehaving would result in people being asked to leave and if that behavior continued, they would lose their privilege for the rest of the season (Memorial Day weekend through Labor Day weekend).

Due to the size of our pool, we didn't need a lifeguard, so homeowners were told it was a swim at your own risk pool - meaning it would make sense for parents/guardians to be there to watch younger children We also required swim diapers for toddlers (and adults who had continence issues), prohibited the use of alcohol or glass containers around the pool and some other rules I can't remember. WE had an off duty cop who was the pool monitor and gave him the power to shut down th epool and toss everyone out if things got too rowdy (he checked passes but wasn't a lifeguard)

Your attorney and association insurance company may be able to help you develop rules that are fair and legal, but the board will still have to figure out how to enforce all this (and pay for it). If you end up having to hire security or get security cameras, do what you gotta do and raise assessments accordingly. If you enact a set a rules, be sure to send written notice to the homeowners with and effective date. Good luck!

(for the 1000th time, this reminds me why we finally got rid of our pool - and no one misses it!)

I believe the atty said 14 and cited something from California.. I think that's unreasonable but that's my opinion. Not looking to get sued

But federal trumps state does it not?

When? Haven't you been reading the papers lately?

Texas law defines child as 'under 17' - see my direct quote above.

This "Texas law" definition applies only where the word "child" is used in Texas's Title 3. Juvenile Justice Code.

As for state vs. federal law, I believe a court would say there is no conflict between Texas's requirement for signage stating, "Children should not use pool without adult supervision" and Fair Housing Act requirements. The signage is advisory. It does not mandate anything.