Many older condo associations still have on the books by-laws which MAY no longer be legally enforcable- depending upon the nature/ type of complex. Simply having many 55+ owners does not, it itself, qualify a complex to be considered a "senior development". If this does meet the HOPA requirements, then such restrictions are legally enforceable. The Fair HOusing Act would supercede a prior by-law IF the complex is not a development that can meet the test of the requirements under the HOPA.
There are many OLD deed restrictions which are of record but not now legally enforcable. I have seen those that restrict sales and occupancy due to race, ethnicity or religion Often except for domestics! Even though they exist in the deed restrictions, subsequent law has rendered certain restrictions as not legal.
http://www.consumer-action.org/English/library/housing/2001_FairHousing_Know/index.php
Fair Housing: It's Your Right
Know the Signs of Housing Discrimination
Minorities, families with children and people with disabilities often are denied housing because of the unfair and illegal practice known as housing discrimination. Tenants and prospective home buyers of any race, color, religion, national origin or sex--including people with disabilities and families with children--have a right to equal housing opportunities. When this right is denied, it is housing discrimination.
The federal law that protects you from housing discrimination is the Fair Housing Act, a law enforced by the U.S. Department of Housing and Urban Development (HUD). . .
The law protects families with children under 18. This category is called familial status and covers pregnant women, people arranging for an adoption and anyone who has permanent or occasional custody of children under 18, such as foster parents or grandparents.
Housing facilities or communities specifically designated for the use of seniors over 55 are exempt from this requirement under the Housing for Older Persons Act (HOPA).
http://www.usdoj.gov/crt/housing/housing_coverage.htm
Discrimination in Housing Based Upon Familial Status
The Fair Housing Act, with some exceptions, prohibits discrimination in housing against families with children under 18. In addition to prohibiting an outright denial of housing to families with children, the Act also prevents housing providers from imposing any special requirements or conditions on tenants with custody of children. For example, landlords may not locate families with children in any single portion of a complex, place an unreasonable restriction on the total number of persons who may reside in a dwelling, or limit their access to recreational services provided to other tenants.
In most instances, the amended Fair Housing Act prohibits a housing provider from refusing to rent or sell to families with children. However, some facilities may be designated as Housing for Older Persons (55 years of age). This type of housing, which meets the standards set forth in the Housing for Older Persons Act of 1995, may operate as "senior" housing. The Department of Housing and Urban Development (HUD) has published regulations and additional guidance detailing these statutory requirements.
http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm
Significant Recent Changes
The Housing for Older Persons Act of 1995 (HOPA) makes several changes to the 55 and older exemption. Since the 1988 Amendments, the Fair Housing Act has exempted from its familial status provisions properties that satisfy the Act's 55 and older housing condition.
First, it eliminates the requirement that 55 and older housing have "significant facilities and services" designed for the elderly. Second, HOPA establishes a "good faith reliance" immunity from damages for persons who in good faith believe that the 55 and older exemption applies to a particular property, if they do not actually know that the property is not eligible for the exemption and if the property has formally stated in writing that it qualifies for the exemption.
HOPA retains the requirement that senior housing must have one person who is 55 years of age or older living in at least 80 percent of its occupied units. It also still requires that senior housing publish and follow policies and procedures that demonstrate an intent to be housing for persons 55 and older.
An exempt property will not violate the Fair Housing Act if it includes families with children, but it does not have to do so. Of course, the property must meet the Act's requirements that at least 80 percent of its occupied units have at least one occupant who is 55 or older, and that it publish and follow policies and procedures that demonstrate an intent to be 55 and older housing.
A Department of Housing and Urban Development rule published in the April 2, 1999, Federal Register implements the Housing for Older Persons Act of 1995, and explains in detail those provisions of the Fair Housing Act that pertain to senior housing.
Changes were made to enhance law enforcement, including making amendments to criminal penalties in section 901 of the Civil Rights Act of 1968 for violating the Fair Housing Act.
Changes were made to provide incentives for self-testing by lenders for discrimination under the Fair Housing Act and the Equal Credit Opportunity Act. See Title II, subtitle D of the Omnibus Consolidated Appropriations Act, 1997, P.L. 104 - 208 (9/30/96).
