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Posted By NpS on 10/03/2019 9:13 AM
Posted By MelissaP1 on 10/02/2019 7:53 PM
Why drag the entire HOA (I.e neighbors) into this mess? It's the "victims" issue to deal with. The HOA can be witness or support them. Not wanting the HOA to spend a dime on this matter for someone's stupid behavior.
There is a lot of chatter about the unfairness of making the HOA liable as a 3rd party for an FHA violation. Yet, that's the new law, and unless it gets changed, someone is bound to test it in court. Those with the deeper pockets are easily added to a lawsuit.
Count me as one of those who believes that new law needs to be challenged. In my opinion it's nothing more than a cynical ploy to tap into the deeper pockets of an HOA when the defendant in the complaint may have few assets. What will happen is that HOAs will run up their spending on legal assistance in order to "show willing" whenever there is a chance that Fair Housing laws may come into play. (In face we do that already in my community.)
There are real limitations to what an HOA can legally do to correct bad behavior by a homeowner who refuses to comply. In Ohio we can fine and then foreclose if they don't pay, but many states have laws forbidding such actions. And even vile homeowners have rights. The HOA could well end up being sued by that person as well, leading to even more legal expenses.
The list of reasons not to buy into an HOA or COA just keeps getting longer and longer...