Can a HOA Charge Me Every Time I Leave My Property?
Full Question:
Answer:
If you are saying that you get charged every time you use the community's gate to leave and only people who stay home aren't charged, that's probably more of an ecomonic than a discrimination issue. The Fair Housing Act prevents many types of discrimination in housing. For example, it prohibits discrimination against families with children under 18. That's considered discrimination based on familial status. It protects only certain classes of people there is no category based upon how much you stay home.
Rules need to be stated in a way not to discriminate against a certain covered class, such as by age. For example, rather than saying, 'Children may not play in the driveway,' the rules should state, 'Persons may not play in the driveway.' A pool rule, rather than saying, 'People under the age of X must be accompanied by a person over the age of Y,' should state state, 'If you're under 48 inches tall, you must be accompanied by a person over 48 inches tall.'
See also:
http://articles.ocregister.com/2010-03-31/cities/24635797_1_transponders-village-residents-village-homeowners
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/113602/view/topic/Default.aspx