HOAleader.com - Tip of the Week - September 25, 2020
Published: Fri, 09/25/20
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HOA Can't Unreasonably Restrict Group Home, Court Rules
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In this week's tip, we explain a federal case in which a court held that an HOA can't penalize a group home for sober living for violating its use restrictions regarding residential use, noise, and parking.
The case is Harmony Haus Westlake v. Parkstone Property Owners Association. The plaintiffs were Harmony Haus, a for-profit group home that markets itself as a high-end facility for recovering addicts, and one of its residents.
They signed a five-year lease for a home in Parkstone and requested from the HOA accommodations for up to 12 residents and 8 cars; this action was taken after Parkstone sought reasonable accommodation from the city of Austin and, in response, received a rooming-house license and certificate of occupancy. The HOA, however, denied the requests, arguing the home was violating its single-family residential use, noise, nuisance, and car provisions.
The HOA offered a compromise: It would waive its prohibition on home-based businesses and single-family use restrictions if Parkstone limited residency to six unrelated adults. It also declined to waive restrictions on noxious or offensive conduct. Overall, the HOA argued the group home had too many residents with too many cars.
The group home argued in response that it needed that number of residents to allow proper mentoring of those in various stages of recovery.
The question was whether the recovering addicts were disabled under the Fair Housing Act and, if so, whether their requests for accommodation from the HOA were reasonable. Overall, the court said yes to both questions. It found:
"Harmony Haus's residents are handicapped in that their addictions substantially limit their ability to live independently and to live with their families, and their inability to live independently constitutes a substantial limitation on their ability to `care for themselves.'"
The court also held that Harmony House had proved its need for 12 residents for maximum treatment benefits and that permitting its request for 12 was a reasonable accommodation. It noted that there was no proof that 12 residents instead of the 6 would pose an undue hardship on the HOA. The court also held that Parkstone proved that its residents' parking habits were much like those of other residents.
Finally, the court held that the noise and other nuisance provisions appeared to apply to one resident and essentially suggested that the HOA pursue violations against that resident, and it reinforced the HOA's right to do so:
"Nothing here suggests that Harmony Haus residents have free reign to violate any provisions of the Declaration. Each resident is expected to know all relevant deed restrictions—including the parking and noise restrictions—and strictly adhere to them."
Our experts say there are lessons for condos and HOAs nationwide from this case. Read about them in our new article:
https://www.hoaleader.com/members/4199.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Would These Twists on Political Signs Still Violate Typical Condo/HOA Policies?
The vice president of the Camino Ramon Terrace HOA in California has a Black Lives Matter and an anti-Trump sign in her car. The HOA sent an email notifying her that the signs aren't permitted in the HOA and must be removed. Her response? The HOA has no control over signs in cars parked in the HOA. Is she right?
Click here to read full article:
https://www.hoaleader.com/members/Would-These-Twists-on-Political-Signs-Still-Violate-Typical-Condo-HOA-Policies.cfm
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What to Have in a Your Condo/HOA Communications Policy
In HOAleader.com's recent webinar, How to Prevent Today's Climate of Tension and Anger from Taking Hold at Your Condo or HOA, expert panelist James McCormick recommended that condo and HOA boards create a communications policy.
Click here to read full article:
https://www.hoaleader.com/members/What-Have-in-Your-Condo-HOA-Communications-Policy.cfm
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Your Condo/HOA's Duty When Internet Service Is Spotty Is...
An HOAleader.com reader asks how the HOA can get a telecom company to add infrastructure to a small portion of the neighborhood that can't get internet service. We'd like to back things up: Should a condo or HOA get involved in the question of internet service and its infrastructure at all?
Click here to read full article:
https://www.hoaleader.com/members/Your-CondoHOAs-Role-When-Internet-Service-Spotty-Is.cfm
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What Exactly Is the Condo/HOA Lawyer's Role?
An HOAleader.com reader asks a basic but interesting question: "Our HOA uses dues to pay for the retention of a lawyer. If there's a dispute with a homeowner, the board uses that lawyer to fight 'on the board's side' against the homeowner. Doesn't the lawyer represent the members? Isn't it their role to help settle disputes without taking sides?"
Click here to read full article:
https://www.hoaleader.com/members/Whats-Exactly-Condo-HOA-Lawyers-Role.cfm
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Is This HOA Swim Clinic Fishy? And Should The HOA Directors Get Paid to Run It?
An HOAleader.com reader asks, "Two pool committee members who are covered by the HOA's D&O insurance and are considered directors of the board are running a youth swim clinic on behalf of the HOA. The swim clinic was advertised to the community as an HOA swim clinic being run by the HOA pool committee. There are approximately five instructors who are paid to run the swim clinic and teach the youth swimmers stroke mechanics.
Click here to read full article:
https://www.hoaleader.com/members/This-HOA-Swim-Clinic-Fishy-Should-HOA-Directors-Get-Paid-Run-It.cfm
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