Q: My husband and I own a condo in a 55+ gated community on Long Island. He enjoys playing golf while I enjoy using the resort’s outdoor pool. Our homeowners association just passed a rule that single owners can bring a guest to the pool, but married couples don’t need to bring their spouse or anyone at all. The rule allows single owners to bring guests over the age of 16. I would like to bring my daughter or my sister, but the board has rejected my application. We all pay the same HOA fees. Can I do something about this policy? Isn’t that discrimination against married couples?
A: If the policy provides different rules for married couples and single people, there may be a case of discrimination since marital status is a protected class in New York State.
But first, let’s make sure that this rule has been duly adopted by the HOA’s board of directors. You can first request a copy of the House Rules or other relevant documents. You can also ask to see the minutes of the meeting at which this issue was discussed and voted on and the Board’s rationale for adopting the policy.
“If it’s not in the house rules or bylaws, they can’t enforce that rule,” said Jonathan Roman, a real estate attorney working on Long Island.
If the policy is adopted in accordance with the Board’s proper procedures, you may object to it in writing. Recruit like-minded residents and write a letter to the board stating that you think the rule is unfair and should not be enforced. There is strength in numbers.
Whether this policy is discriminatory and whether you would be successful in pursuing a lawsuit depends in part on whether the policy makes reference to marital status.
“It’s discriminatory when married and single people are singled out,” said Andrew Lieb, a Long Island attorney who handles discrimination cases. New York State human rights law prohibits the setting of housing restrictions that relate to marital status, or the printing and dissemination of housing restrictions that relate to marital status (among other characteristics such as race, sex, and national origin).
Even without a reference to marital status, the rule can still be discriminatory, although it is more difficult to prove, Mr. Lieb said.
You may raise your complaint with the State Department of Human Rights or you may consult an attorney and submit the Board’s Pool Guest Policy.
“If you said, ‘Lady, you are married,’ I would take the case 100 percent before you served your sentence,” Mr. Lieb said.
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