Is Your HOA a Bully?

You have a right to Fair Housing. In Tennessee, that right is protected by state and federal law. That means that you cannot be discriminated against or treated unfairly due to your color, national origin, family status, disability, race, religion, or sex. If you are disabled, you may have a right to a reasonable accommodation of the rules or a reasonable modification to the property. These rights remain intact even if you live in a neighborhood that is governed by a Homeowners Association. Not only must the rules and regulations comply with Fair Housing law, but the individuals, board members, and residents must also act in accordance with Fair Housing.

Here are a few Fair Housing violations that we have seen occur within HOA communities over the last several months:

• Enforcing a ‘no pets' policy against a service animal. Service animals are not pets under Fair Housing law and must be allowed.

• Limiting the use of facilities by children or trying to keep families with children from moving to the community.

• Allowing decorations for some religious holidays while prohibiting decorations for other religious holidays.

• Allowing some residents to break the covenants, while strictly enforcing them against residents belonging to a protected class.

• Refusing to provide a disabled person with parking place near the wheelchair ramp.

You cannot legally be retaliated against for asserting your Fair Housing rights, but it is always best to have your issue analyzed by an attorney before taking matters into your own hands. If you think that your Fair Housing rights may have been violated by your HOA, board members, or neighbors, please schedule a consultation with us today.