Pokemon Go: What does your Condo or HOA need to know?
Pokemon Go is a free mobile video game that is taking the world by storm. Pokemon Go was released on July 6, 2016 in the United States and has already has more than ten million downloads. Pokemon Go is different than many mobile games as it allows players to capture, battle and train virtual creatures called “Pokemon” who appear on mobile device screens as though they existed in the real world. It makes uses of the GPS and camera in a mobile device and requires players to travel various locations, which may include homes or common areas in condominium or a subdivision. Proponents of Pokemon Go claim that it has health benefits as it allows children and adults that play Pokemon Go to
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By way of example, a condominium association or homeowners association may wish to restrict certain locations where Pokemon Go is played, the time of day that is played, etc. This is not only important from a nuisance perspective, but also from a safety perspective as a co-owner or guest could easily walk off the ledge of a retaining wall or fall into a retaining pond if they are not paying attention. However, when creating rules related to Pokemon Go a community association should be mindful of the federal Fair Housing Act, 42 U.S.C. § 3601, et seq. The Fair Housing Act prohibits discrimination against “any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities . . . because of race, color, religion, sex, familial status, or national origin.” Accordingly, any rules related to Pokemon Go would need to apply to allow co-owners and should not be targeted at