The prejudice towards same-sex families has been an issue Board members haven’t been able to resolve since it’s considered discriminatory in regards to sexual reference. The fact that Florida state has not yet recognized or approved same-sex marriages also makes it difficult for board members to rely on law for prohibition of such occupancy.

If as a homeowner one has proof of sexual discrimination in terms of same-sex family occupancy, they can work with an attorney to prove their case and the board might actually pay. Board members have a tendency to pick fights or issues with same-sex individual families in meetings or individually, thus the need for discriminatory evidence for a homeowner when planning to file a legal complaint. HOAs have filed suits infrequently to seek certain provisions in their governing documents regarding same-sex occupancy but so far nothing concrete has come out of it. This means a board does not have the right to prohibit same-sex occupancy; but it would be important as a homeowner to ensure the association’s documents are clear of this fact before moving forward to occupy or sue.
Discrimination is still evidently pursued in terms of color and religion in community associations, and now same-sex families have become a heated debate for many HOA homeowners, neighbors and occupants. Since some states recognize same-sex marriages as families and others do not, the debate is still ongoing as to whether this type of relationships can be categorized as “familial” or not.