Condo Q&A

Is your HOA exempt from the Fair Housing Act?

Written by CondoAssociation.com | Sun, Apr 12, 2020 @ 01:54 PM

 A user commented that her HOA was exempt from FHA. I am curious as to if an HOA can be legally exempt.

As far as I know, every HOA will fall under FHA. It exempts some landlords (owner occupied 4 family or less, owning 3 or fewer single family....that meet other criteria).

What basis was given for you being exempt? Who said you were exempt (ie your HOA lawyer?)

You would be exempt from ADA in most cases, not FHA.

I have never been able to find anything about HOAs being exempt. If you have 5 or more units, I don't see any possibility.

If you have 4 or less, you may be able to use the argument as owner occupied 4 family or less, but I don't know if that applies to HOAs.