HOAleader.com - Tip of the Week - September 17, 2010
Published: Sun, 09/12/10
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Should You Separate Religion from Homeowners Association Business?
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In this week's tip, we discuss one of the topics to avoid if you'
d like to steer clear of controversy--religion. Is there ever a
role for religion in your condo or homeowners association's
business? Can you open meetings with a prayer? What about
restricting your facilities to only members of one religious
group?
Our experts are split on the answer.
Steve Jordan would leave the decision to the association's board
and push for inclusiveness. "As a company we don't have a formal
policy on renting facilities out to religious groups," says the
president of branch operations in Austin, Texas, for RealManage,
an association management company. "We have freedom of religion
in this country, but we need to be fair to all groups. If there
are homeowners who are offended by a prayer at a board meeting,
we would discuss that with them in an open forum. Perhaps a
person from their religious group would like to do the opening
prayer the next time to have some balance. But I wouldn't tell
the board not to open the meeting with a prayer. Board members
have a right to express their religious beliefs."
Mark Makower, a principal at Makower Abbate and Associates PLLC
in Farmington Hills, Mich., which represents about 600 community
associations, dissents. "I think opening your meeting with a
prayer is one way to get yourself in the middle of a
discrimination complaint," he says. "If somebody wants to make a
request to do a different prayer and you say no, you're opening
yourself to trouble."
That's because the federal Fair Housing Act--which prohibits
discrimination on the basis of race, religion, national origin,
gender, disabilities, and familial status in the sale, rental,
and financing of housing--and your own state's civil rights act,
if it has one, come into play. "The fact that the U.S.
Constitution doesn't apply doesn't mean the federal Fair Housing
Act and the Michigan Civil Rights Act don't apply," Makower
explains. "They do, for the same reason we no longer put together
regulations on 'Christmas' lights; that policy now has to address
'holiday' decorations."
To learn more about how to handle religion at your association,
see our article: http://www.hoaleader.com/members/480.cfm.
Best regards,
Matt Humphrey
President