HOAleader.com - Tip of the Week - June 5, 2020
Published: Fri, 06/05/20
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Why Did This HOA Board Waste Money Fighting Over Its Plainly Discriminatory Rules?
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In this week's tip, we offer up lessons from an Idaho case in which a federal court held that an HOA's rules requiring kids to have an adult guardian at its pool, tennis courts, and clubhouse violated the Fair Housing Act, as did its treatment of owners' request for a fence.
The case is Hill and Intermountain Fair Housing Council v. River Run Homeowners Association, and it was decided in February.
The River Run HOA is a 333-unit association in which Brian and Anne Hill purchased a single-family home abutting a creek and community path leading to the neighborhood pool. The Hills had three children at the time of the decision, aged 5, 3, and 1.
In 2013, River Run enacted rules for its recreation center, which encompasses the clubhouse, pool, and tennis courts. The rules defined adults as persons 19 or older. They also stated that during the summer season when the pool is open, the recreation center manager would unlock the clubhouse for adult use only. The pool and spa permitted members or guests under 14 only when accompanied by an adult.
A sign at the tennis court read: "Adults have court privileges over children after 3:00 p.m. weekdays and any time on weekends or holidays."
A sign at the clubhouse read: "Quiet Swimming Only in Pool & Jacuzzi."
The Hills submitted to the architectural committee a request for fencing, with a stated reason of protecting their children from the risk from the creek. The HOA's governing documents stated that the community's design intended for minimal fencing and that perimeter fencing would be approved "under special circumstances and only according to approved plans and specifications approved by the architectural committee."
The board and AC had much discussion on the Hills' fencing application, much of it indicating that the request generally met the HOA's requirements. But at least one board member bemoaned the changing demographics of the community and the resulting risk of many fence requests ruining the small, park-like setting surrounding the homes.
The chair of the AC recognized the risk the HOA was taking with a decision to deny the Hills' fence request. In an email, he noted that there were "fences ALL OVER the place on White Pine Lane" and that the AC treated the Hills' fence application "entirely differently than other homeowners' applications."
He also stated that the AC had approved "other such fences over the years; there are at least three [enclosing fences] in place now . . . to an outside observer there would seem to be fences of all kinds on White Pine Lane...for, what, twenty years? . . . without any objections or heartburn? And all of a sudden, now that Brian has submitted his application, we eliminate that kind of fence?"
Nonetheless, the AC voted 6-1 to reject the application. The committee chair then resigned. The Hills resubmitted an application, and the fencing rules were modified. The board notified the Hills that their second application would be considered an appeal. The Hills objected, and their lawyer notified the board that because it had failed to follow its governing documents by acting on the application within a set period of time, the Hills were considering the request granted and moving forward with their fence.
One board member's response: "Speaking for the Executive Committee and knowing the attitude of the Board Members, I can assure you RRHOA will litigate the matter should you choose to construct the fence. . . ."
The Hills turned to the Intermountain Fair Housing Council, a nonprofit that seeks to ensure fair housing. It sued the HOA on the Hills' behalf for not just the fence fight. But it also added claims about the HOA's rules about children and adults.
The court was having none of the HOA's claimed defenses. Read more, and find out how this case even got to court and put the association at financial risk, in our new article: https://www.hoaleader.com/members/4129.cfm
Best regards,
Matt Humphrey
President
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