If an association's rules include discriminatory provisions, a resident can file a discrimination claim with the Department of Fair Employment and Housing (“DFEH”) for association's enforcement of those rules. Such a claim, if successful, can result in the association having to pay significant damages and attorney's fees. For example, if an association has a rule prohibiting children from playing outside, the rule is discriminatory against families with children and the association can potentially be liable for familial discrimination. A solution to this problem is for managers and their boards to have their association's rules reviewed by the association's attorney and any discriminatory rules revised or deleted. Such preventative measures greatly benefit the association and are an important liability prevention tool. If you would like us to review your association's rules, please feel free to contact us.
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