Homeowners associations (HOAs) play a crucial role in upholding standards and maintaining the quality of life in their communities. However, bearing such a responsibility often comes with challenges. Many HOAs are not new to disagreements and litigation.
Legal issues sometimes arise when HOAs inadvertently create an environment that is discriminatory. Current or future members who feel mistreated may bring a discrimination claim against the HOA, leading to damaging consequences.
As a starting point, it is wise to be familiar with state and federal anti-discrimination laws and to enforce policies that are committed to treating everyone fairly.
Refer to federal and state laws for guidance
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing or housing-related services based on race, color, religion, national origin, sex, disability or familial status. Homeowners associations must be vigilant as they can face legal trouble if their policies appear discriminatory, even if that was not the intention.
In addition to federal regulations, Connecticut has its own fair housing regulations, which guarantee every resident the right to choose where to live or own a house, regardless of their background or personal circumstances.
To avoid potential claims, HOAs must respect anti-discrimination regulations in governing documents. Conducting a comprehensive review of the HOA’s covenants and processes can help board members identify and address any potential violations.
Consider implementing best practices
Guided by state and federal laws, HOAs can explore the following practices to promote a harmonious and welcoming community:
- Uniform application of rules: Consistently apply rules, actions, or penalties to all residents. Whether it’s noise regulations, property maintenance or late assessments, there should be no exceptions or special treatments.
- Transparent resident acceptance process: Establish clear, non-discriminatory standards for residency and review applicants using those criteria.
- Inclusive community activities: Plan community events and activities that are inclusive and accessible to all residents.
- Regular training: Provide ongoing training for anyone involved in decision-making on anti-discrimination laws.
Even with the best efforts, understanding complicated anti-discrimination regulations can be difficult. A real estate attorney who specializes in housing law can offer valuable insights for avoiding or minimizing exposure to discrimination claims.