HOAleader.com - Tip of the Week - March 12, 2021
Published: Fri, 03/12/21
=================================================================
Court: HOA's Hands-Off Approach to Owner's Blatant Racism Unacceptable
=================================================================
Think back to 2016, if you will. You may recall that we reported that many community association lawyers were concerned about just-released HUD rules that were vague and confusing. The rules essentially said associations couldn't sit back and allow neighbors to harass other neighbors on the basis of protected classes, such as race. But they didn't say what associations needed to do to meet this new obligation.
In this week's tip, we explain that, at least according to a federal court in Indiana, sending stern letters isn't enough. That court declined to let an HOA out of a lawsuit as a defendant in a case in which an African American family alleges they were subjected to race-based harassment, taunts, and threats from a neighbor.
The case is Fair Housing Center of Central Indiana and Donota Banks v. Vicki New, Kirkpatrick Management Co. and Twin Creeks HOA. Banks is an African American woman whose family has rented a single-family home in the 226-home Twin Creeks HOA since mid-2016. The defendant New is White and, with her husband, owned a home in the HOA.
It's apparently not in dispute that New engaged in what the court called "a race-based campaign of harassing, taunting, and threatening African American and Latino residents, guests, and contractors, and she created a racially-hostile environment" at the HOA. It's also apparently undisputed that the HOA and its management company "were aware of New's race-based harassment, taunts, and threats."
The opinion details the explicit, astonishing and routine nature of New's racist and homophobic attacks, including a baldly racist rant during a Banks family reunion held at the family's home.
According to the opinion, the HOA's attorney issued a cease-and-desist letter demanding that New immediately stop telling the community's members, residents, and contractors that she was a member of the HOA's board or acting on behalf of the HOA. The letter also demanded that New stop "any behavior that could be deemed as harassment, bullying, or mistreatment of the community's residents," reported the court. It sent a similar letter a few months later, warning that litigation might be pursued if she didn't stop.
Find out more, including the facts the court likely found particularly troublesome when it came to the HOA's treatment of New's behavior, in our new article:
https://www.hoaleader.com/public/4289.cfm
Best regards,
Matt Humphrey
President
=================================================================
Upcoming Event
HOA Board Members and Fiduciary Duties:
What You Must Know to Fulfill Your Duty to Your Association and Protect Yourself from Personal Liability
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Thursday, March 25, 2021
2:00-3:00 p.m. Eastern
Learn more or register now:
https://www.hoaleader.com/products/hoa-board-fiduciary-duties-a.cfm
Members save $30!
================================================================
Recent articles posted at HOAleader.com:
=================================================================
What's a HOA Resale Fee, and Who Sets It?
An HOAleader.com reader asks, "In Florida, does an HOA board have the sole authority to charge a fee on resales, or do they need a member vote?" Here, we answer that question and broaden it beyond Florida. When can it be charged, and what are the pros and cons?
Click here to read full article:
https://www.hoaleader.com/members/Whats-HOA-Resale-Fee-Who-Sets-It.cfm
=================================================================
How Detailed Should Managers' Reporting Be to a Condo/HOA Board?
An HOAleader.com reader asks, "Should the property manager let the board members know when they or another company will be on site? Should the property manager notify the board members of any and each time a resident contacts them? Is the property manager obligated to provide contact information for all in the community?"
Click here to read full article:
https://www.hoaleader.com/members/How-Detailed-Should-Managers-Reporting-Be-CondoHOA-Board.cfm
=================================================================
Condo and Owner Battle: Who's Responsible When Insurance Doesn't Fully Cover Damages?
An HOAleader.com reader asks, "Our HOA insurance policy covers cost less depreciation. This means in a recent claim, the homeowner wants the HOA to make up the difference because the insurance money doesn't cover the full cost of replacing all the cabinets and countertops in their bathroom so they all match. The homeowner now wants the HOA to make up the difference. Is the HOA obligated to make up the difference from HOA funds, or should the HO6 policy cover the difference?"
Click here to read full article:
https://www.hoaleader.com/members/Condo-Owner-Battle-Whos-Responsible-When-Insurance-Doesnt-Fully-Cover-Damages.cfm
=================================================================
How to Protect Yourself and HOA from the Neighborhood Sociopath
Watch this insightful webinar on how to wisely and safely handle the most difficult owners and residents you'll ever face, led by two community association experts with decades of hands-on experience in advising associations.
Click here for info:
https://www.hoaleader.com/products/hoa-sociopath-b.cfm
=================================================================
Tips for Evaluating Your Condo/HOA Management Company
An HOAleader.com reader wants to know if we know of a form that allows a board to effectively review its management company. Here, we give the reader a jump on building one by asking our experts for their guidance.
Click here to read full article:
https://www.hoaleader.com/members/Tips-for-Evaluating-Your-Condo-HOA-Management-Company.cfm
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week at:
https://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to others.
Copyright 2021, Plain-English Media, LLC
(866) 641-4548
https://www.hoaleader.com