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Can an HOA splash pad have age restrictions?
Quick answer
Yes. HOAs commonly restrict splash pad use to children under 12 with adult supervision, post adults-only swim hours, or require all users under a certain age to be diapered with swim diapers. Restrictions must be uniform, posted, and not used as pretext for discrimination protected under Fair Housing Act.
HOA boards have authority to set splash pad age rules under their general rule-making powers as long as restrictions are reasonable, posted, and uniformly applied. Common rules: children under 12 must be supervised by an adult; children not yet potty trained must wear approved swim diapers; adults-only swim hours (early morning or late evening) on a posted schedule. The Fair Housing Act prohibits familial-status discrimination but allows reasonable safety-based restrictions. Banning all children outright would likely violate the FHA in non-55+ communities; limiting hours or requiring supervision typically does not. 55+ age-restricted communities have broader latitude under the Housing for Older Persons Act. Document the safety rationale in writing β capacity limits, supervision ratios, equipment scaled for small children β to defend against challenges. Apply rules consistently regardless of family demographics.