HOAleader.com - Tip of the Week - March 3, 2017
Published: Fri, 03/03/17
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Racism Hits HOAleader; What If It Hits Your HOA, Too?
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In this week’s tip we tackle what’s quite frankly an ugly subject—racism.
The topic emerged after a reader downloaded several HOAleader.com articles and products. Then out of the blue, he emailed us a rant that began with the following premise: “Blacks have an undeveloped ‘Reptilian Brain’ that deals primarily on a fear and aggressive level, as evident by their documented statistical criminal nature.” What followed was a lengthy treatise filled with blatant racism.
For the record, we find the reader’s comments repugnant.
After we picked our jaws up off the ground, we cut all ties with him. But we also got to thinking: If this member is sending this material to HOAleader.com, he’s probably not afraid to post it on his HOA’s discussion forum, Facebook page, or other HOA communication outlet.
This problem isn’t new. Stephen Marcus, a partner at Marcus, Errico, Emmer, Brooks in Braintree, which represents about 4,000 associations, mostly condos, in Massachusetts, New Hampshire, and Rhode Island, says it goes way back to 1997.
The case was Reeves v. Carollsburg. In it, a federal court found that a condo couldn’t sit idly by while one of its owners was being attacked on the basis of her race.
“The owner was an administrative judge in Washington, D.C., and lived in a condo,” recalls Marcus, referring to the plaintiff, Deborah Reeves, an African American. “Another resident harassed her because of color, and the board took the position that this was a dispute between two unit owners. A Washington, D.C., federal court basically found that the association had some obligation to do something.”
Accused of the racist harassment was a white resident, Thomas G. Schongalla, whom Reeves claimed repeatedly yelled racist and sexist epithets at her, prevented her from using the common areas, and threatened to rape and kill her.
“He lynched her in effigy,” recalls Marcus. “The case had pretty nasty facts.”
Before bringing her lawsuit against her condo association, Reeves proposed that the association purchase her unit for the outstanding mortgage balance. The condo association initially agreed but later reneged. In the litigation that ensued, the court held that the association had an obligation to act when it learned of the racial harassment of one of its owners. What it needed to do to meet the necessary standard was an issue left for future legal proceedings.
“The condo could have fined the offender or done whatever,” asserts Marcus. “But they did nothing, and they even elected him to the board and put him on some committee.
“Everyone has been aware of that case since it came down,” says Marcus. “Fast forward to now, and on Sept. 13, 2016, the U.S. Department of Housing and Urban Development announced new protections for residents in what may be a hostile environment. Now the stakes are way up in terms of the association having to take some kind of action.”
Find out more about the fair housing rules Marcus is referring to, in our new article:
https://www.hoaleader.com/members/2514.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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5 Tips for Neutralizing a Racist HOA Owner or Board Member
We're not coming up with this topic out of thin air or to be provocative. A reader downloaded several HOAleader.com articles and products. Then out of the blue, he emailed us a rant that began with the following premise: "Blacks have an undeveloped 'Reptilian Brain' that deals primarily on a fear and aggressive level, as evident by their documented statistical criminal nature." What followed was a lengthy treatise filled with blatant racism.
Click here to read full article:
https://www.hoaleader.com/members/5-Tips-for-Neutralizing-Racist-HOA-Owner-or-Board-Member.cfm
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Do HOA Owners Need to Hire Licensed Contractors?
In this week's tip, we explain that you may not have the authority you think you have when it comes to insisting owners use licensed contractors for every project in their unit.
Click here to read full article:
https://www.hoaleader.com/members/Do-HOA-Owners-Need-Hire-Licensed-Contractors.cfm
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Before You Require HOA Owners to Hire Only Licensed Contractors for Work in Their Unit...
Some governing documents require that owners use only licensed contractors. Is that OK? Should you follow suit? And how far does that requirement extend? What if an owner is simply adding built-in shelves? What about swapping out kitchen cabinets?
Click here to read full article:
https://www.hoaleader.com/members/Before-You-Require-HOA-Owners-Hire-Only-Licensed-Contractors-for-Work-in-Their-Unit.cfm
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Accommodation Requests Under the Fair Housing Act:
Best Practices to Avoid Discrimination Claims & Lawsuits
Is your HOA or condo board seeing more and more requests for exceptions to your pet rules? What about requests for specific parking spots or deviations from your architectural rules? Afraid saying no to any request will trigger a costly and stressful discrimination complaint against your HOA? Take charge of the process for handling requests for accommodations! Get on-demand access to this in-depth webinar led by two experts in HOAs, condominiums, and fair housing challenges.
Click here to read full article:
https://www.hoaleader.com/products/accommodation-requests-under-fha-b.cfm
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When Does Clarifying Your HOA Rental Cap Require an Owner Vote?
In this week's tip, we address a reader's question on how far a board can go in implementing rules and regulations to flesh out a rental cap. Just when is it necessary to go back to owners for another vote, our reader wonders?
Click here to read full article:
https://www.hoaleader.com/members/When-Does-Clarifying-Your-HOA-Rental-Cap-Require-Owner-Vote.cfm
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