ABA Family Legal Guide

Home Ownership

Shared Ownership: Condos and Condominiums

Legal Rights and Restrictions

What federal laws apply to common-interest communities?

Few federal laws directly affect the organization and operation of common-interest communities. However, under the Fair Housing Amendments Act, effective since 1989, developments may no longer discriminate against families with children unless the development meets the act's strict qualifications for senior citizen developments. Otherwise, it is no longer legal to advertise a development as being for adults only or to steer would-be buyers elsewhere because their children wouldn't be welcome.

The Fair Housing Amendments Act also prohibits discrimination against disabled persons. Developments must permit construction of facilities for disabled residents, although the disabled resident may be required to remove the construction upon leaving. Further, all new multifamily buildings must provide access for the disabled in every unit on the ground floor or access by elevator. Under HUD regulations, this includes wide doors, free passage for wheelchairs through units, bathroom walls strong enough for grab bars, and access to at least a representative portion of the amenities.

The Federal Communications Commission requires that unit owners in common-interest communities be able to place certain forms of dish antennae (not exceeding one meter in diameter) on privately allocated spaces in common-interest communities without restriction.