As our trusted Orlando, FL HOA lawyer knows, homeowners’ associations (HOAs) are responsible for managing the community and enforcing rules fairly and equally among all residents. Unfortunately, some HOA boards engage in harassment or discriminatory practices, treating certain homeowners differently based on factors like race, religion, gender, disability, or family status. If you believe your HOA is treating you unfairly or violating your rights, you have legal options to challenge their actions and protect your interests.
Recognizing HOA Discrimination
Discrimination from an HOA can take many forms. Sometimes it’s direct and obvious, such as refusing to approve a property modification for one homeowner while approving the same request for another. In other cases, discrimination is more subtle, like selectively enforcing rules or imposing higher fines on certain homeowners based on personal characteristics.
Federal laws, including the Fair Housing Act (FHA), protect homeowners from discrimination based on race, color, religion, sex, national origin, disability, and family status. State and local laws may provide additional protections. If your HOA’s actions target you based on one of these protected categories, you may have a valid claim for discrimination.
Examples of HOA discrimination include:
- Denying property modification requests based on race or religion
- Imposing stricter enforcement of rules on families with children
- Refusing to allow reasonable accommodations for a disability, such as wheelchair access or service animals
- Harassing certain homeowners through fines or violation notices
- Uneven application of community rules based on gender or ethnicity
Documenting The Discrimination
If you believe your HOA is discriminating against you, it’s important to gather evidence. Keep copies of all written communications with the HOA, including emails, violation notices, and meeting minutes. Take photos or videos if the discrimination involves property issues, such as denied maintenance or modifications.
Tracking how the HOA applies rules to other homeowners can also help support your claim. For example, if the HOA fined you for a landscaping violation but ignored similar violations from other homeowners, that could indicate unequal treatment. Having concrete evidence strengthens your position if you need to take formal action.
Filing A Complaint With The HOA Board
The next step is to bring the issue to the HOA board’s attention. Submit a written complaint outlining the discrimination, referencing the Fair Housing Act or other applicable laws. Be clear about the specific actions or decisions you believe were discriminatory and request a response or resolution within a reasonable timeframe.
If the board dismisses your complaint or refuses to address the issue, you may need to escalate the matter. Some HOA governing documents require the board to hold a hearing or allow homeowners to challenge board decisions through an internal process. If those options are available, following the proper steps can strengthen your case.
Legal Action Against HOA Discrimination
If the board ignores your complaint or continues to treat you unfairly, legal action may be necessary. Homeowners have the right to file a discrimination claim with the U.S. Department of Housing and Urban Development (HUD) or a state housing agency. If the discrimination involves financial harm or property damage, you may also have grounds to seek compensation.
An HOA’s actions can’t override federal and state anti-discrimination laws. If the HOA’s rules or enforcement practices violate your legal rights, a lawyer can help you challenge the discrimination and hold the board accountable. Legal action may also result in policy changes that protect other homeowners from similar treatment in the future.
Protect Your Rights As A Homeowner
If you’re facing discrimination from your HOA, you don’t have to handle it alone. At Perez Mayoral, P.A., we help homeowners fight unfair treatment or negligence regarding harassment and discrimination and hold HOA boards accountable when they violate anti-discrimination laws. Attorney Erik Perez has extensive knowledge and experience in HOA law and can walk you through your case. Contact us today to discuss your situation and find out how we can help you protect your rights.
