Our initial scan found 5 potential issues in your governing documents.
We checked the 2 public PDFs on The Reef Club Condominium Association’s website against current Florida and federal HOA law—and more issues may exist depending on the documents you load.
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Occupancy or amenity restriction discriminates based on familial status / disability or imposes an overbroad age restriction under the Fair Housing Act and HOPA.
Operative Clause · Sec. 2 (Page 8)
“Court times are on a rst-come, rst-served basis. Please see Security for availability. 3. Courts are for tennis only – No rollerblading, skateboarding, bike riding, no children’s play, etc. permitted.”
The Fair Housing Act (42 U.S.C. § 3604(b)) prohibits familial-status discrimination against families with children—including adult-only rental age floors (e.g., 24+), mandatory hourly pool exclusions targeting all minors under 18, blanket Common Area parental-escort rules for children, and caps on grandchildren—unless the community actively qualifies as 55+ Housing for Older Persons under 42 U.S.C. § 3607(b)(2) and 24 C.F.R. §§ 100.304–100.307 (which regulates occupancy rather than fee-simple title ownership and does not authorize intrusive medical/disability disclosures for live-in caregivers under 42 U.S.C. § 3604(f)).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Any age-based occupancy restriction shall be enforceable only while the Association actively qualifies as "Housing for Older Persons" pursuant to 42 U.S.C. § 3607(b)(2)(C) and 24 C.F.R. §§ 100.304–100.307, including maintaining at least 80% occupancy of units by at least one person 55 years of age or older and conducting mandatory biennial age-verification surveys.
2Absent active HOPA qualification, no restriction shall discriminate on the basis of familial status.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
4 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 4 remaining issues—plus load up to 10 PDFs for complete review.
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Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Pet & Assistance Animal Restriction Statutory Exposure
Rules & Policies
HIGH LEGAL RISK
#3
Pet & Assistance Animal Restriction Statutory Exposure (Rules & Policies)
Structural Reserve Study & Mandatory Reserve Funding Gap
Rules & Policies
STATUTORY GAP
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