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Is it Me?- Discrimination and Homeowners Associations

Brian Korte • May 22, 2018

This week we help a client.  The client pooled his savings and purchased a home in South Florida with a sibling.  Unfortunately, the HOA did not see this family as the prudent financial stewards they are.  After moving in, the HOA revoked the client’s security gate access and the cycle of discrimination began.  The HOA ramped up its efforts by continuously alleging violations of the HOA documents in a selective manner and engaged legal counsel to go after the client.  The icing on this discrimination cake was when the security guard, empowered by the HOA, began shouting racial slurs at the client.  A person can only take so much, so he reached out to our office.

We assisted the client by explaining his rights under the Fair Housing Act and how the Act effects HOAs.  Then we established a claim for selective enforcement and set up mediation between him and the Association.  There we found the Association had ZERO evidence to support the alleged violations.  The client was empowered and the firm has now instituted an action against the HOA for its wrongful conduct.

Recently, one community association member was persistently harassing the former president of the association, who was of different ethnicity.  The harassment was described as extreme, including physical threats and racial and sexual slurs.  The Courts have ruled that a community association board has the same obligation as a landlord in a rental building to protect residents from sexual and racial discrimination.

If this sounds like you or someone you know, please contact our office.

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