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DOES DISCRIMINATION STILL EXIST?
By
Eric Glazer, Esq.
Published
January 21, 2013
It
only makes sense that on today's national holiday of Martin
Luther King Day, we discuss the topic of racial, religious or
other forms of discrimination in your association.
It may seem uneasy, uncomfortable and difficult, but
we need to talk about it if we are ever going to rid it.
I'll
start with an admission. I
have had Board members ask me straight out over the years how
the association can prevent certain types of people from moving
into their community based upon their race or national origin.
What kind of tips or legal advice could
I recommend that would keep their community free from who the
Board and other members of the community perceive as undesirable
neighbors. Quickly,
the conversation turns to something like "Don't ever ask me
that again" or "Find your self another lawyer" if
that's what you are trying to do.
I promise you this happened more than once and I doubt
I'm the only community association attorney who can tell that
story.
I am not suggesting for a moment that many Boards act in
this obscene manner. On
the contrary, I have met with and/or represented thousands of
associations over the years, and can count this scenario on one
hand. However, it
simply has not been eradicated despite the fact that we would
like to think it has.
A few years ago, I was representing a buyer of a
condominium unit in
Hollywood
,
Florida
who was prevented from purchasing a unit.
The President of the Association denied the sale and
wound up trying to purchase the unit for herself.
My client had an Italian last name.
There was a Jewish judge assigned to the case.
Despite the fact that I argued that the President
prevented my client from purchasing the unit due to personal
financial reasons, the judge took it one step further.
The judge was under the firm belief that the buyer was
rejected simply because the President didn't like the buyer's
Italian sounding last name.
I watched the judge slam the door to his chambers and
chastise the association's lawyer like I had rarely seen.
It was clear to this judge that discrimination was very
much alive and well in this
Broward
County
condominium association. When
I told the judge that I was not even alleging racial
discrimination, I was told that "I should learn to shut up
when I'm winning." It
was a lesson well learned, believe me.
The flip side to the foregoing is that I have also seen
associations accused by the local Housing Authority of
discrimination based upon race, even though clearly race was not
a motivating factor when the association denied a minority
applicant the right to rent or purchase. This
is government gone too far and is unfair to Boards and their
members who have the right under their governing documents to
legitimately screen and reject owners or renters, some of whom
may be a minority. When
the government assists with prosecuting non legitimate claims of
racial discrimination it serves to water down the many
legitimate claims of prejudice that are worthy and have merit.
So let's get real today.
Do any Archie Bunkers live in your community and even
occupy a seat on your Board?
Have you been the victim of discrimination based upon
race, religion or nationality in your community association?
Have any minority Board members been the victim of harassment by
the owners because of their race?
Are there any Board members out there who want to
admit that their Board does try to keep certain people from
moving into the community? Your
contributions to the blog can be anonymous ---- so let the
comments fly.
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