Making Accommodations

Fair Housing Laws and CC&R Enforcement

From the ECHO Journal - It is well understood that homeowners associations should enforce the governing documents of the association in a uniform and nondiscriminatory manner so as to avoid a possible defense of discriminatory enforcement, although the association has some good faith discretion concerning when and how to do so. However, in certain cases it is against both California and federal law for the association to enforce the governing documents where necessary to meet the housing needs of the disabled. The Department of Housing and Urban Development reports that in 2008 forty-four percent of the complaints filed were based on disability discrimination in contrast to thirty-five percent based on race. Because of this growing liability, directors must be sensitive to the rights of homeowners with disabilities.

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