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Posted By ChrisE8 on 12/24/2020 2:42 AM
Posted By AugustinD on 12/23/2020 6:06 PM
The HOA recanted.
At this point I think the attorney for the family is the idiot.
I don't see what case there could be, unless the family incurred some expenses due to the HOA's actions,
As an academic matter, for the purposes of education and so on: On the one hand, I agree the harm, as measured in dollars, seems unclear. On the other hand, if this attorney thinks there is a civil rights case here, one of the rules that often applies in civil rights law is that the legal harm is the unlawful discrimination itself. Whence punitive damages may kick in (at least, the Fair Housing Act permits punitive damages, and I think, but am not certain, that there need be no underlying actual damages yada for punitive damages to kick in. As I expect you know, "damages" is an enormous legal topic that often branches off from the main issue in dispute in a lawsuit into a whole other issue.
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but I hope that the family's lawyer does teach the HOA a lesson.
Since the HOA recanted, I am not sure I see the point. I mean, suppose in another case a HOA Board sent a notice of violation to a HOA Owner for having reindeer on the patio of his or her condominium. Real live reindeer, droppings and all. The covenants are clear: No reindeer or other livestock allowed on patios. The Owner got rid of the reindeer within the 30 days, per the condo's rules and regulations give her to do so. The Owner apologizes and explains it was a Christmas thing and now understands the rule and regulations on the subject. Is it reasonable for the board to fine the Owner and take the Owner to court? I would not think much of a Board that did this. Maybe a small fine might be appropriate, if allowed by the covenants and rules and regulations.