HOAs are required to strictly comply with the Fair Housing Act. This federal law, passed in 1968, is intended to prevent discrimination in housing. HOAs cannot take actions that violate this law. The language of the HOA makes it clear that it applies to HOAs. In addition, there are also a myriad of state laws that prohibit discrimination that have requirements above and beyond the FHA.
Discrimination in housing can be based on a number of factors. The FHA prohibits discrimination on the basis of race, color, gender, religion, and any other protected class. In addition, there are specific requirements that HOA must follow to provide reasonable access and accommodation for people with disabilities. Most commonly, not making common areas accessible is an area where HOAs run into legal trouble for discrimination.
HOAs may have other processes that could be considered discriminatory. For example, the HOA may have prohibitions on religious symbols that often are litigated. HOAs are often at the center of controversy when they are accused of religious discrimination.
HOAs cannot simply enact policies to prevent discrimination and not review them and make necessary changes. Conditions may change over time, and the HOA may have new common areas. Board members should conduct a periodic review and ensure that these policies are current. If the HOA is sued for discrimination, one of the first things that a court will look at is the actual policies. An HOA can only follow policies that are down on paper and are current.
Contact a San Jose, CA, Campbell, CA, Mountain View, CA, Sunnyvale, CA, Santa Clara, CA, Cupertino, CA HOA Attorney
Legal help is a must when the HOA is dealing with an issue that could evolve into a discrimination lawsuit. You can call the attorneys at Pratt & Associates at 408.369.0800 or send us a message online.