HOAleader.com - Tip of the Week - August 7, 2015
Published: Fri, 08/07/15
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This Supreme Court Decision Could Affect Your HOA. Have You Seen It?
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In this week’s tip, we give you a heads up on a June U.S. Supreme Court decision you may not have noticed amidst all the news of the court’s decisions on marriage equality and Obamacare.
In Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, the court defined the dispute as one over where housing for low-income persons should be constructed in Dallas—that is, whether the housing should be built in the inner city or the suburbs. The case involved federal low-income housing tax credits that are distributed to developers by state agencies. In Texas, it’s the Department of Housing and Community Affairs that does the distribution. The Inclusive Communities Project is a nonprofit that helps low-income families obtain affordable housing.
You probably already know that under the federal Fair Housing Act, it’s unlawful to refuse to sell or rent housing on the basis of race or another protected class and to do the same in certain real estate transactions. Also under various federal laws, like employment laws and the Civil Rights Act, plaintiffs have been permitted to prove discrimination not only directly—a landlord says, “We don’t hire [class of people]…”—but also indirectly; that is, by showing that policies and practices that seem neutral on their face nonetheless have had a disparate impact on minorities.
That was the argument the ICP made in the Texas case—that the DHCA’s distribution of the credits was, on its face, racially neutral, but that statistics proved the distribution resulted in harm to minorities. According to ICP, the distribution of the credits perpetuated housing segregation by allocating too many credits to black inner-city areas and too few in predominantly white suburbs. The question before the court was whether it was proper to permit disparate impact claims under the FHA. The court said yes.
Here’s the conundrum. It’s not yet clear how this decision will shake out for HOAs, but it’s got the potential to affect your operations. Find out how in our new article: http://www.hoaleader.com/members/1216.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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The Supreme Court's New Disparate Impact Case: What It Means to HOAs
Amidst rulings getting huge media attention, the U.S. Supreme Court also decided that plaintiffs asserting discrimination under the Fair Housing Act don't have to show intent; they can use a disparate impact theory. Here's what that means for HOAs.
Click here to read full article:
http://www.hoaleader.com/members/Supreme-Courts-New-Disparate-Impact-Case-What-It-Means-HOAs.cfm
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Florida Makes Phony Service Animals a Misdemeanor. Now What?
A new law in Florida slaps potential fines and jail time on people who knowingly misrepresent an animal as a service animal. The big questions for associations: How they can prove an owner's fibbing and when would they even go to that effort given the legal risks? Here are answers.
Click here to read full article:
http://www.hoaleader.com/members/Florida-Makes-Phony-Service-Animals-Misdemeanor-Now-What.cfm
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How to Make Owners Follow the Rules--After the Fact
A California HOA recently sought an injunction against an owner who'd installed hardwood floors without the proper permission from the HOA, with the predictable outcome: The owners below complained about excessive noise. The association asked for remedial measures--like meeting with a contractor to soundproof or adding throw rugs on heavily trafficked areas--and the court agreed those measures were reasonable.
Click here to read full article:
http://www.hoaleader.com/public/How-Make-Owners-Follow-RulesAfter-Fact.cfm
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Is This Condo Association Being Too Nice?
A California HOA recently sought an injunction against an owner who'd installed hardwood floors without the proper permission from the HOA, with the predictable outcome: The owners below complained about excessive noise. The association asked for remedial measures--like meeting with a contractor to soundproof or adding throw rugs on heavily trafficked areas--and the court agreed those measures were reasonable.
Click here to read full article:
http://www.hoaleader.com/members/This-Condo-Association-Being-Too-Nice.cfm
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Oh, Pooh! A HOA Doggie DNA Database May Solve Your Problems
Yes, owners should pick up after their dogs. But association boards and residents may be going off the rails to ensure enforcement of that very common rule. An Illinois man was recently arrested in the hallway of a condo association allegedly waiting with a shotgun to scare another owner who supposedly didn't pick up after a dog. Other HOAs are now requiring doggie DNA to clean up their problem. Here we discuss the proper response when your HOA find itself in deep doo doo.
Click here to read full article:
http://www.hoaleader.com/members/Oh-Pooh-HOA-Doggie-DNA-Database-May-Solve-Your-Problems.cfm
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