KASS: ‘Adult swim’ may violate federal law

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DEAR BENNY: I currently live in a condo complex with roughly 240 units and during a board meeting one of the board members wanted to put an “adults only” swim rule in place regarding our swimming pool. So during a specific time frame – yet to be determined – kids under 18 will not be allowed in the pool, even if their parents are present.

My question is: Is this legal? This seems like discrimination against any owner who has children. – Kevin

DEAR KEVIN: It is a violation of the Federal Fair Housing Act. Congress enacted that law back in l968, which makes it unlawful to discriminate based on race, color, religion, sex and national origin. In l988, the act was amended to prohibit discrimination based on familial status and disability.

Many associations across the country have signs near the swimming pool such as, “No one under age 18 may use the poor without parent or guardian.” The courts have allowed such restrictions based on “compelling business necessity,” in other words, pool safety is important. However, any rule adopted by an association must be reasonable and not overly restrictive. For example, courts have found a rule that prohibited baby strollers and walkers discriminatory.

Similarly “adult-only swim time” has been held to be discriminatory.

Can your association obtain an exemption? Yes, but there are strict requirements. The community must be an “over 55″ association, with at least 80 percent of the units occupied by an over 55 adult, and the association’s policies must be published to confirm that it qualifies for the exemption.

I would challenge the board and ask them to rescind the rule.

DEAR BENNY: I read your column every week and now I have a question. I bought a house almost 20 years ago and legally changed my first name 10 years ago. I have paid off my mortgage already and am thinking of selling my house. Do I need to change the name on the deed or any legal documents of my house before I sell it?  If yes, how and where can I change it? – Kendrick

DEAR KENDRICK: From my limited research, this is governed by state law. You “legally” changed your first name many years ago. Was this approved by a court?

While the best answer is to have a judge issue an order permanently changing your name, in your case, it may not be necessary. Do you have documents – such as a driver’s license or voting record – in your new name? When you sign a real estate contact to sell your home – and then when you sign over the deed to your purchaser – you may be able to get away with signing your old name plus “aka” your new name. “Aka” means “also known as.” I would ask your attorney or the real estate agent if that will work.

Often, when a couple divorces and the wife wants to revert back to her maiden name, the court – in the divorce decree – will issue an order to that effect. That’s all you need to prove you are who you currently are.

The IRS also suggests you should notify the Social Security Administration (SSA) of your name change. That way, your new name on your IRS records will match up with your SSA records.

DEAR BENNY: I have just moved out West from the East Coast and am looking to buy a home. Some of the ads I saw refer to “riparian rights”?  What’s that?  Clara.

DEAR CLARA: I am a city boy, so I had to do some research.  According to one source, “the riparian doctrine states that water belongs to the person whose land borders a body of water. Riparian owners are permitted to make reasonable use of this water provided it does not unreasonably interfere with the reasonable use of this water by others with riparian rights.”

I strongly suggest you talk with a real estate attorney before you sign any sales contract. You have to understand all of the local laws and customs.

Benny Kass is a practicing attorney in Washington, D.C. and in Maryland. He is not providing specific legal or financial advice to any reader. He wants readers to e-mail him, but cannot guarantee a personal response. He can be reached at: [email protected].