When Rule Enforcement Becomes Discrimination

HOA and condominium board members and community managers have a duty to enforce rules and maintain order, but those actions must also comply with federal fair housing laws. Two recent court cases underscore how enforcement decisions can trigger liability under the Fair Housing Act (FHA) if they're applied in a discriminatory manner or fail to accommodate disabilities.

Race Discrimination and Unequal Treatment

In Watts v. Joggers Run Property Owners Association, an African American homeowner and former board member alleged that her HOA systematically targeted her and her family because of their race. According to the lawsuit, the association:

• Selectively enforced rules—Watts was fined and cited for minor issues that non-Black residents were not penalized for.
• Restricted her access to community amenities, such as locking the basketball courts or changing policies in ways that disproportionately affected her and her family.
• Tolerated or participated in racial hostility, including comments made during board meetings and communications that had racial overtones.
• Denied equal treatment to her guests, who were also Black, by questioning or confronting them without justification.
• Created such a hostile environment that Watts ultimately felt forced to sell her home.

The association argued that because all of this happened after Watts purchased her home, it wasn’t covered by the FHA. But the federal Eleventh Circuit Court of Appeals firmly rejected that argument, holding that post-purchase discrimination that interferes with a homeowner’s use and enjoyment of their property is very much covered by the FHA. The court allowed her claims to proceed under the FHA as well as federal civil rights statutes protecting property and contract rights.

Disability, Noise, and Reasonable Limits

In Park Crossing HOA v. Suarez, the HOA took enforcement action against a family whose adult son, Gabriel, has severe autism. Gabriel would make loud, involuntary vocalizations (sometimes described as “screaming”) that disturbed nearby residents. The HOA filed suit to enforce its nuisance and noise covenants, and the trial court granted an injunction based on local decibel limits.

The family responded with counterclaims under the FHA, arguing that the HOA’s enforcement efforts amounted to discrimination and made their home “unavailable” by targeting them for behavior directly tied to their son’s disability.

Importantly, the HOA’s actions included:

• Threatening legal action that the family said made them fear they would be forced to leave.
• Seeking to impose strict noise controls without offering any alternative accommodations or discussing potential solutions tailored to Gabriel’s condition.

The Florida appellate court ultimately ruled in favor of the HOA. It found the injunction was reasonable and not discriminatory because it followed a neutral local ordinance. The court also clarified that not every enforcement action rises to the level of a Fair Housing violation, particularly where there’s no real threat of eviction or loss of housing.

Still, the case shows how quickly a routine enforcement issue can escalate when disability is involved.

Practical Tips to Help Your HOA Avoid FHA Claims

Even actions the board believes are neutral can become problematic when they’re applied inconsistently or without regard to the unique needs of residents. The stakes are high—violating the FHA can lead to federal lawsuits, civil penalties, and damage to your community’s reputation.

1. Apply Rules Uniformly.
   Don’t single out particular residents for rule enforcement. Be able to show that other homeowners who committed similar violations were treated the same way.
2. Recognize and Respond to Accommodation Requests.
   If a resident raises a disability-related concern—whether about noise, access, parking, or other rules—pause enforcement and explore reasonable accommodations. You may not have to approve every request, but you must engage in good faith.
3. Avoid Personal Hostility or Derogatory Comments.
   Board communications should be professional and respectful at all times. Offhand comments or emotionally charged language—especially if tied to race, disability, or family dynamics—can later be used as evidence of discrimination.
4. Train Your Board and Management Team.
   All board members, not just property managers, should receive periodic training on Fair Housing rules and the legal risks associated with selective enforcement or failure to accommodate.

If your community is dealing with a sensitive enforcement situation involving a protected class, our HOA and Condominium Lawyers and Real Estate Lawyers can help guide your board through the legal and practical considerations. A thoughtful approach now can help avoid costly mistakes later.