Lawsuit Filed By Phoenix Homeowner Against Homeowners Association

According to Phoenix homeowner Ward Tyczka, Sunrise Village Condominium Association broke the law after its board voted unanimously that children under the age of 16 are prohibited from living in rental condos.

Represented by Jonathan Dessaules, Tyczka filed a lawsuit against the homeowners association in Maricopa County Superior Court, with Sunrise Village located off Thomas Road and 22nd Street.

Dessaules stated that Sunrise Village has never previously had an age restriction of any kind and that if his client complied with the new rule, he would be in violation of the Fair Housing Act.

“Landlords can’t discriminate against people who have kids, and associations can’t impose rules that require them to discriminate against people who have kids,” said Dessaules. “You can’t say I’m not going to rent to you because you’re a woman, or black, or because you have a disability, or because you have children.”

Sunrise Village Condo Association property manager Darlene Slusher said, “The covenants, conditions and restrictions cannot be changed by anyone except a majority vote of the homeowners. That has NEVER been requested and would be discriminatory and would NEVER be done or pass!!!” 

From earlier this year, it was stated in a copy of the association’s rules that “the Board unanimously voted that no children under the age of 16 should be allowed to live in rental condos.” 

There isn’t an issue for Sunrise Village residents with the presence of children in the community, with there being a history of children living in the area.

According to Dessaules, age restrictive communities, like the ones in Sun City, are granted an exemption when those communities are first created.

The current issue for Tyczka is based in the fact that homeowners associations cannot enforce age restrictions in a community that is not already age restricted.

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