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JeannieC (California)
Posts: 2
Posted:
Can someone please inform me what the Board must do to make or change a rule in California
(The Board past a rule that no child under 16 or 14 cannot be in the common area without an adult, they passed it in one meeting, none of the home owner knew of it.
RogerB (Colorado)
Posts: 5,067
Posted:
I'm not in California but this rule is discriminating against an age group. It should not have been passed and should be recinded.
LisaS (Illinois)
Posts: 341
Posted:
There are a number of states that do allow 'age discrimiation' as it relates to property management. For instance, 'Over 55' communities that do not allow children to live on the premises, clubhouse communites that do not allow unaccompanied minors on common area (any age under 18).

I assume they were doing this to stop some unwanted situation like loitering,vandalism, or the like?
KathyS (California)
Posts: 145
Posted:
The law says the Board has to inform the homeowners in writing of the new rule and give the homeowners the right to call a special meeting and vote out the new rule.

I agree, it's a form of discrimination. They cannot make a rule that allows one group of people to do something and not another.
BrianB (California)
Posts: 2,820
Posted:
Sorry, gotta say that there are tons of forms of discrimination still available to governing bodies. The Feds state you cannot discriminate based on age, sex, gender, religion, race, national origin, or veteran status. That's it. Open areas of discrimination include beauty, health habits, smoking choices, sexual choices (in many places), hair color, eye color, political beliefs, profession, etc..

Then, they turn around and say that you CAN discriminate against age, as long as it's for a good cause: to protect the rights of one age group, you can discriminate against others (ie, the "over 45, 55, 65, etc. rules). This also includes "no one younger than X rules" as well.

So, yes they can pass such a rule, and yes, they must inform everyone of the new rule, in writing. then you can check your CC&R's and by-laws and figure out how to overturn said rule, of read carefully and find out that they didn't do the rule-making properly, and it is already null and void.
LuciusD
Posts: 139
Posted:
Maybe Beth Grimm at http://www.californiacondoguru.com/ would have a link to the specific answer.
KathyS (California)
Posts: 145
Posted:
You might want to check out www.davis-stirling.com A California attorney website. No, you can't discriminate when making rules.

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