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Q.Can the HOA limit the type or number of people who can live in a unit or home?
A.California law specifically prohibits housing discrimination based upon sex, race, color, religion, ancestry, national origin, and disability, and the California Supreme Court, has held that discrimination against children, and against families because they have children, is also prohibited. California anti-discrimination laws are so broad that any occupancy restriction could be interpreted as discriminatory, including limits on the maximum number of occupants in a home. The only limitations that are clearly valid and enforceable are those that restate local and state health codes, and those that establish a project as senior citizen housing.
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