Florida District Court Says HOA Loitering and Curfew Rules Discriminate Against Children

United States District Court, Southern District of Florida, decision (October 1, 2015).

In this action, the Fair Housing Center of the Greater Palm Beaches, Inc. (“Plaintiff”) alleged that the Defendant Homeowners Associations (“Association”) had policies and practices that discriminated against children in violation of the federal Fair Housing Act (“FHA”) and corresponding Florida state statutes. Association had Rules and Regulations that: (i) included a “Loitering Rule” that prohibited loitering (congregating on the streets of the development) at any time; and (ii) a “Curfew Rule” that persons under the age of 18 must be in their home or on their patio after sunset.