HOAleader.com - Tip of the Week - November 6, 2015
Published: Fri, 11/06/15
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What You Should Know About Bias Claim Against This HOA
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In this week’s tip, we offer up a real-life example of an HOA getting the message that it’s dangerous to not enforce rules fairly and consistently. The risk? Claims of racial bias.
On Sept. 17, 2015, the New York human rights agency revealed that its investigation supported Linda Abraham’s 2014 claim that she was discriminated against by Patio Homes–the Kiamesha Shores Property Owners Association on the basis of her race, according to the Middleton, N.Y., Recordonline.
Abraham bought her property in 2006, nearly a month before the HOA changed its rules to prohibit owners from renting their unit unless they’ve lived there for two years. In 2007, she began renting her unit.
The HOA fined Abraham $25 per day, which eventually tallied up to $8,000 after she refused to pay, arguing she was grandfathered into the prior rules. The HOA also placed a lien on her home, which she says she didn’t learn about until 2014. Abraham sought to remove the lien but was unsuccessful.
She then filed a complaint with the state. According to the agency, on the HOA’s list of 10 homeowners it reported faced similar fines, the agency was able to interview six, who were all white. All but one said they were never fined, nor was there a lien placed on their property. However, that one owner, who rented to African-Americans, reported that her tenants said they were “harassed” by staff, though they didn’t state that it was on the basis of race.
The agency’s findings also say that at a HOA board meeting in about 2005, according to Abraham, one board member wanted to increase HOA dues because she didn’t want “to turn these buildings into another Harlem.” Abraham contended that board member apologized to her after the meeting, saying she meant to refer to the “undesirable(s),” “you know, those who are the poor white trash.”
An administrative law judge will next hear Abraham’s case.
This is just the type of situation our experts worry about day in and day out. Find out why, and how to prevent it from happening at your HOA, in our new article: http://www.hoaleader.com/members/1278.cfm
Best regards,
Matt Humphrey
President
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Upcoming Event -- THIS THURSDAY!
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Easier Enforcement of Your HOA's Rules:
Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Thursday, November 12, 2015
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Recent articles posted at HOAleader.com:
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New York State Permits Racial Bias Claim Against HOA
Here's why it's critical to enforce rules fairly and consistently: The New York State Division of Human Rights has determined there's probable cause for a black homeowner's claim that her HOA's inconsistent enforcement of its rules was the result of racial bias.
Here we explain the agency's findings and offer insights to help you avoid similar accusations.
Click here to read full article:
http://www.hoaleader.com/members/New-York-State-Permits-Racial-Bias-Claim-Against-HOA.cfm
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HOA Owners Can Give Proxies. Can Board Members?
An HOAleader.com reader reports that a dispute over director proxies has raged at his HOA, requiring the board to seek advice from counsel.
Here we discuss whether it's OK for board members to provide proxies to fellow board members and under what circumstances.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Owners-Can-Give-Proxies-Can-Board-Members.cfm
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HOA Fights Owners and Falls Short. The Painful Lessons
In this week's tip, we give you the skinny on a recent Missouri case in which an HOA lost a court fight to enforce its rules.
In the case that may cause discomfort for HOA lawyers nationwide, Missouri homeowners won the right to keep a purple playground set their HOA had ordered them to remove.
Click here to read full article:
http://www.hoaleader.com/public/HOA-Fights-Owners-Falls-Short-Painful-Lessons.cfm
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Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process
Enforcing rules doesn't have to be a pitched, tense, and unpleasant battle between your homeowner association board and your homeowners. With some smart planning, you can make enforcing your HOA's rules fairer, quicker, easier, and less stressful.
Join us for an in-depth webinar on November 12 led by two community association experts: a lawyer with more than a decade of hands-on experience in advising associations on how to create and enforce rules, along with a veteran association manager with insights on the day-to-day operations of rules enforcement. You'll get practical ideas, systems, and processes you and your condo or HOA board can begin to take advantage of the minute the webinar ends.
Click here to read full article:
http://www.hoaleader.com/products/hoa-rules-enforcement-webinar-2015-a.cfm
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Owners Beat HOA in Dispute over Playground Set
In a case that may cause discomfort for HOA lawyers nationwide, Missouri homeowners have won the right to keep a purple playground set their HOA had ordered them to remove. Here are the lessons for HOAs nationwide.
Click here to read full article:
http://www.hoaleader.com/members/Owners-Beat-HOA-in-Dispute-over-Playground-Set.cfm
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