HOAleader.com - Tip of the Week - February 6, 2026
Published: Fri, 02/06/26
Updated: Thu, 02/12/26
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HOAleader.com - Tip of the Week - February 6, 2026
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In this week's tip, our experts raise concerns about potential discrimination claims triggered by a condo board demanding only U.S.-authorized ID of those who enter their building.
We're discussing this because a condo owner posted online that their condo board passed a rule prohibiting people—workers, anybody? it's not specified—access to the property unless they show a U.S.-issued driver's license. The reader says their maid, who has a foreign-issued driver's license/identification card from her country's consulate office—was denied access in part on this basis.
Our experts are skeptical about the purpose and enforceability of this rule. Here's why.
The first steps in determining whether any rule is enforceable are identifying its objective and whether the rule is carefully tailored to address that goal. This rule appears questionable on both fronts.
“After I stopped laughing, I'd probably ask my client what the purpose is and to whom this rule would apply,” says Sara A. Austin, CCAL, the founding partner at the Austin Law Firm LLC in York, Pa., who represents more than 130 condos, HOAs, and co-ops throughout Pennsylvania. “For example, if we're talking about contractors who are going to be doing work and driving equipment and we're dealing with needing to have a valid driver's license and valid insurance, maybe there's a tangential relationship. Otherwise, I think a rule like this is probably way too broad, and there's no basis in legality.”
An expert in Florida, where this condo owner who posted online is located, says this rule would raise many red flags. “When you're adopting any sort of rule, you need to look at whether there's a reasonable objective that relates to the operation of the association,” explains Jennifer Biletnikoff, a shareholder in the Naples, Fla., office of Becker & Poliakoff, who has represented condos and HOAs for more than 15 years. “Is the rule reasonable?”
Spoiler alert: Probably not. But there are also recordkeeping and privacy issues with this rule. Read our new article, Is This a Legit Rule for a Condo or HOA Board to Pass?, for the skinny: https://www.hoaleader.com/members/5249.cfm.
Best regards,
Matt Humphrey
President
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Click here to read the full article:
https://www.hoaleader.com/members/HOA-Board-Misreads-Or-Doesnt-Read-at-All-Their-Documents-Then-Goes-from-0-100-in-Enforcement-HOAleader-Video.cfm
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Click here to read the full article:
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