HOAleader.com - Tip of the Week - April 19, 2019
Published: Fri, 04/19/19
=================================================================
How to Avoid Conflicts Over Religion In Your Condo/HOA
=================================================================
We discuss one of those don’t-ever-talk-about-it topics in this week’s tip: Religion.
It’s so common for owners to ask to use your HOA common area for religious meetings.
It’s also common for there to be complaints, either that your common area—let’s say it’s your meeting room or clubhouse—is either improperly being denied use for religious services or that it’s being monopolized by a group of owners for their religious services. What if you ban all religious services in common areas? Then you risk owners filing a religious discrimination lawsuit in response.
Can you avoid all of this?
Kevin M. Hirzel, managing member of Hirzel Law in Farmington, Mich., and a College of Community Association Lawyers fellow, recently conducted a seminar for his fellow community association lawyers on this very topic.
What he learned in researching the topic for his presentation is that it’s more complicated than it seems on its face. “A lot of the cases in this area of the law are highly fact specific,” he explains. “It’s also difficult because there aren’t as many cases covering religious claims as there are in other areas of fair housing law. So often the issues you’re seeing in the area of religion are going to be issues of first impression.”
The case that surprised Hirzel most while researching the topic, Schneider, v. Gothelf, was one involving a homeowner in the Highlands of McKamy IV and V Community Improvement Association who converted his home to a synagogue for his 25-member congregation for several services per day.
A neighbor sued, alleging a violation of the HOA’s covenants for a nonresidential purpose, in addition to a complaint over the parking challenges the services were causing. The HOA intervened in the case, too, also alleging violations of the covenants. The neighbor and HOA lost; the court relied on federal and state laws protecting the right to worship, including the Texas Religious Freedom Restoration Act. In its holding, the court found the HOA to be a quasi-governmental organization.
“I thought it was interesting to raise the Religious Freedom Restoration Act over whether a rabbi could conduct services in a home even though it was a clear violation of the bylaws,” says Hirzel. “That case isn’t a binding decision; it’s just a circuit court opinion. And that saga has continued with parking challenges and the municipality attempting to take action as well.”
Hirzel notes that the outcome in Schneider was different from that in another Texas case, Tien Tao Association v. Kingsbridge Park Community Association, in which the court upheld the association’s ban on religious services in two adjacent homes that had been deeded to a religious order. At the home lived two priests who frequently hosted fellow believers for worship, including overnight stays. The court considered the federal Religious Freedom Restoration Act and held it didn’t apply in that case.
Find out Hirzel’s advice for avoiding litigation like that in these cases in What to Know About Banning Religious Services in Your Condo/HOA Common Areas, our new article:
https://www.hoaleader.com/members/3897.cfm
Best regards,
Matt Humphrey
President
=================================================================
Upcoming Event
Rentals in Your HOA or Condo Getting You Down?
What HOA Boards Need to Know About Regulating Rentals
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Wednesday, April 24, 2019 -- THIS WEDNESDAY!
2:00 p.m. Eastern
Learn more or register now:
https://www.hoaleader.com/products/regulating-rentals-hoa-webinar-a.cfm
Members save $30!
=================================================================
Recent articles posted at HOAleader.com:
=================================================================
How to Avoid Conflicts Over Religion In Your Condo/HOA
We discuss one of those don't-ever-talk-about-it topics in this week's tip: Religion. It's so common for owners to ask to use your HOA common area for religious meetings.
Click here to read full article:
https://www.hoaleader.com/public/How-Avoid-Conflicts-Over-Religion-In-Your-CondoHOA.cfm
================================================================
What to Know About Banning Religious Services in Your Condo/HOA Common Areas
It's so common for owners to ask to use your HOA common area for religious meetings. It's also common for there to be complaints, either that your common area--let's say it's your meeting room or clubhouse--is either improperly being denied use for religious services or that it's being monopolized by a group of owners for their religious services. What if you ban all religious services in common areas? Then you risk owners filing a religious discrimination lawsuit in response.
Click here to read full article:
https://www.hoaleader.com/members/What-Know-About-Banning-Religious-Services-in-Your-CondoHOA-Common-Areas.cfm
================================================================
Should You Simply Ignore Angry Condo/HOA Owners?
We report on a hot topic at a recent gathering of community association lawyers in this week's tip: How to address the anger that seems to be escalating at community associations?
Click here to read full article:
https://www.hoaleader.com/public/Should-You-Simply-Ignore-Angry-CondoHOA-Owners.cfm
================================================================
Tips and Best Practices for Handling Harassing Calls and Emails to Condo/HOA Board Members
How to address the anger that seems to be escalating at community associations? That was a hot topic at a recent gathering of community association lawyers. One lawyer said that she recommends clients have a form response for some owners' communications: "We've received your email, and you won't receive further communication from the board."
Click here to read full article:
https://www.hoaleader.com/members/Tips-Best-Practices-for-Handling-Harassing-Calls-Emails-CondoHOA-Board-Members.cfm
================================================================
You Can Save Money on Condo/HOA Legal Fees with 7 Simple Steps
In this week's tip, we help you save money on a necessary but frustratingly costly expense: Legal fees. Here's something we hear from readers all over the country: They sometimes hesitate to get even necessary legal advice because of cost.
Click here to read full article:
https://www.hoaleader.com/public/You-Can-Save-Money-on-CondoHOA-Legal-Fees-with-7-Simple-Steps.cfm
=================================================================
Should You Be Worried If Directors Have an Employment Relationship?
An HOAleader.com reader asks, "We have an employer/employee relationship between two directors. Is anyone aware of any case law or instance where this has been dealt with in Florida?" Forget Florida. Has any state addressed this unique situation? Here, we find out and discuss the possible challenges that arise....
Click here to read full article:
https://www.hoaleader.com/members/Should-You-Be-Worried-Directors-Have-Employment-Relationship.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 2019, Plain-English Media, LLC
(866) 641-4548
https://www.hoaleader.com