I recently noticed a blog post based on how to challenge your community association. A quick search revealed that there are many postings or websites devoted to the topic. A recurring theme among those posts: If you want to challenge your Association, consider whether or not you might be a victim of discrimination.
Is your Association engaging in discrimination? Rare is the situation where an association purposefully discriminates with intent to cause harm. When an association unlawfully discriminates, it is typically unintentional. For example, owners might enjoy quiet time around the Association swimming pool. If that quiet time is achieved by instituting adult only swim hours, the Association may have unintentionally discriminated against families.
Other discriminatory practices may include limiting the number of family members within a home, or imposing broad tenant screening requirements. Though not discriminatory against a protected class of individuals, community associations may also inadvertently violate federal statutes relating to satellite dishes, personally identifiable information or even displaying of Old Glory.
It might also surprise associations that local laws often provide additional and broader owner protections than those promulgated at the federal level. Oregon and Washington State laws both provide greater protections than those under the Fair Housing Act and American with Disabilities Act. Many, if not most, city and county jurisdictions have even more restrictions. Applicability of these rules varies depending on several factors, including the type of amenities offered and whether or not they are “private.” Associations with any questions regarding the laws that apply and whether or not their rules run afoul of those laws, should seek legal counsel to assess their situation.
As always, please feel free to contact me with specific questions on this or any topic of interest to you regarding community associations.
