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PHOENIX (KPHO/KTVK) — You hear the horror stories all the time about out-of-control homeowners associations, accused of abusing their power.
A Phoenix homeowner claims it’s happened again.
Ward Tyczka just filed a lawsuit in Maricopa County Superior Court, claiming that the Sunrise Village Condominium Association broke the law when its board unanimously voted that no children under the age of 16 should be allowed to live in rental condos.
The community is located off Thomas Road and 22nd Street in Phoenix
Jonathan Dessaules is Tyczka’s attorney.
Dessaules said that the Sunrise Village Community had never had any age restrictions before.
“You have young kids, you’re allowed to live somewhere, allowed to rent,” said Dessaules. “Landlords can’t discriminate against people who have kids, and associations can’t impose rules that require them to discriminate against people who have kids.”
Dessaules said that client was notified that he could no longer rent out his unit to children, but if he complied, he’d be violating the Fair Housing Act
“You can’t say I’m not going to rent to you because you’re a woman, or black, or because you have a disability, or because you have children,” said Dessaules.
The property manager for the Sunrise Village Condo Association is Darlene Slusher.
She said that “The CC&RS cannot be changed by anyone except a majority vote of the homeowners. That has NEVER been requested and would be discriminatory and would NEVER be done or pass!!!”
However, a copy of the community’s HOA rules from earlier this year states that “the Board unanimously voted that no children under the age of 16 should be allowed to live in rental condos.”
Hans Mose has lived in the community for several years and sees no problem having kids around.
“I honestly don’t care,” said Mose. “I have seven brothers and sisters so I have no issue with it.”
According to Dessaules, age restrictive communities, like the ones in Sun City, are granted an exemption when those communities are first created.
But HOAs cannot enforce age restrictions in a community that is not already age restricted.
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