Can a Homeowner Association (HOA) Limit Access to Common Elements Like Stairs?

Homeowner associations (HOAs) have significant control over the rules and regulations governing their community. This includes managing access to common elements such as stairs, which often serve as crucial pathways for residents. However, the question of whether an HOA can limit access to these elements is a complex one, requiring an understanding of legal constraints and the principles upon which HOAs operate.

The Power and Limitations of HOAs

HOAs have the authority to enforce rules and regulations within their community under the homeowner association deeds, bylaws, and covenants. These documents outline the rights and responsibilities of both the HOA and the homeowners. However, any rules or restrictions implemented must be fair and non-discriminatory. The HOA's ability to limit access to stairways, for instance, would be a significant change to the existing common elements' usage and would need to comply with broader legal principles.

HOA Rules without Discrimination

HOAs can indeed pass and enforce rules that regulate the use of common elements like stairs. For example, an HOA might implement a rule that restricts the use of certain stairs to residents on certain floors to prevent overcrowding or improve safety. Such rules can be enforced as long as they are applied equally and not in a discriminatory manner. For instance, the HOA might decide:

Second-floor residents can only use the stairs during certain hours to accommodate third-floor residents who rely on them for regular use. The stairs can be designated for emergencies and maintenance, with residents from other floors advised to use elevators.

However, if the HOA were to implement a rule based on race, ethnicity, or other protected statuses, this would be illegal. An HOA might not, for instance, create a rule such as:

Only residents of a certain skin color can use the stairs, while others must use the elevators. A rule requiring all residents of a certain race or ethnicity to move out immediately and be prevented from living in the community.

These types of rules would be seen as discriminatory and could result in legal action being taken against the HOA.

Race Restrictive Covenants and HOAs

One of the historical origins of HOAs was to enforce racially restrictive covenants. These were legal agreements that prohibited homeowners from selling or renting their property to individuals of certain races. After the U.S. Supreme Court declared racially restrictive covenants unconstitutional in 1948 (in Shelley v. Kraemer), courts began refusing to enforce such covenants. In response, some communities turned to HOAs as a means to maintain segregation.

Although modern HOAs are generally not allowed to enforce racial covenants or other discriminatory rules, the history behind their establishment highlights the potential danger of implementing overly restrictive rules without proper justification and fair application.

Conclusion

In summary, a homeowner association can limit access to common elements like stairs as long as such rules are not discriminatory. HOAs have considerable power to regulate the use of such areas, but they must adhere to broader legal principles that protect all residents from discrimination. Any rule or restriction should be carefully crafted and reviewed to ensure it does not inadvertently violate anti-discrimination laws.

If you are a homeowner or member of an HOA and need assistance with understanding or implementing rules regarding common elements, consider consulting a legal expert or an experienced HOA management company to ensure compliance with legal standards.