šŸ’¬ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚔ Takes 30 seconds

Already a member? Log in

LetA (Nevada)
Posts: 2,679
Posted:
What responsibility if any is an HOA obligated to protect homeowners from racist in the community if any?
Recently a person of color, a minor told a white person that they could not use the pool because they are white.
I'll just leave it there.
Your thoughts.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Not the associations responsibility.
AugustinD
Posts: 3,698
Posted:
If witnessed by management, a director, or officer, send a warning notice to the minor's parents that harassment is forbidden on the grounds, pursuant to covenant xyz, and in particular and pursuant to the Fair Housing Act, harassment on the basis of any of the classes protected by the Fair Housing Act is not acceptable.

If not witnessed and no complaint was submitted, do nothing.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are you sure the chlorine in the water just did not bleach them? Personal issue. Stop making it every neighbor problem.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
The best you can do, and I think it should be handled between the families involved, is to send out a general reminder (to everyone) that the pool is for the use of all members and the members guests.
PatJ1 (North Carolina)
Posts: 568
Posted:
Quote:
Posted By AugustinD on 04/19/2022 11:26 AM
If witnessed by management, a director, or officer, send a warning notice to the minor's parents that harassment is forbidden on the grounds, pursuant to covenant xyz, and in particular and pursuant to the Fair Housing Act, harassment on the basis of any of the classes protected by the Fair Housing Act is not acceptable.

If not witnessed and no complaint was submitted, do nothing.

I agree with Augustine. If the Board knows about, or a complaint is filed with the HOA, do not ignore it. Since 2016 this is no longer a neighbor to neighbor issue. The HOA must get involved if the harassment is of a protected class.

Filed complaints to federal agencies can cost thousands in legal fees.

Our attorney sent a cease and desist letter to the offender. The next step the HOA could have taken is mediation. We didn't get that far and the letter cost us $460.00. Small fee to protect the HOA itself. Owner used racial slurs when complaining about their neighbor to the HOA and even posted on Social Media identifying the neighbor.

https://www.adamsstirling.com/blog/hoa-harassment-law-1
BarbaraT1 (Texas)
Posts: 821
Posted:


Was the child a board member or represent themselves as such?

Was the child a staff member or represent themselves as such?

I’m failing to see how any words spoken by a random child on HOA property are the responsibility of the association.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MelissaP1 on 04/19/2022 12:21 PM
Are you sure the chlorine in the water just did not bleach them?

Are you for real?
LetA (Nevada)
Posts: 2,679
Posted:
This is some good information to take in, thank you Pat.

It is unfortunate that a proper investigation cannot be conducted. The person making the statement immediately left the pool and did not engage the belligerent whatsoever. Following the individual
could have lead to some legal consequences. Also there are no surveillance cameras at the pool and the pool entry used brass keys instead of identifiable fobs.

JMHO a strongly worded letter prepared by council sent to all owners and their renters I feel is a good start.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I said it is not the associations issue and I stand by that. The most I would consider doing is having the BOD send a letter to all owners reminding them that amenities are open to all owners, guests, renters, etc. but I would not have the letter refer to any racial nor religious issues.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This would have been a non-incident. Why would anyone believe a kid telling them that? Really? Is there a lack of enforcement of some common sense?

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Just curious: How old is this minor child? How do you know this actually happened, LetA?

Assuming the child's parents are residents of your HOA, do they happen to be the ones you've been concerned about for a couple of years, now?
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By PatJ1 on 04/19/2022 2:10 PM
Our attorney sent a cease and desist letter to the offender. The next step the HOA could have taken is mediation. We didn't get that far and the letter cost us $460.00. Small fee to protect the HOA itself. Owner used racial slurs when complaining about their neighbor to the HOA and even posted on Social Media identifying the neighbor.
Thank you for sharing this. Interesting.

It has crossed my mind that sending a letter to the parents about what some might call rudeness by a child could give rise to a fair housing complaint all by itself. As in a retort from the parents like:

You can't tell us to have our child shut up. He's being a kid. Do you have a problem with kids? Because HUD protects families with kids too, ya know.

Maybe have the board invite the parents to a sit-down and just be totally open?

What a situation to be in. A part of me wants to do nothing unless there is a complaint, and solely because we are talking about kids here.

PatJ1's situation seems much more solid, when it comes to the COA/HOA sending warning letters. Plus it sounds like her COA/HOA has a good attorney. I wonder if the one warning letter may have made an impression on more than just the perp here.
MaxB4
Posts: 3,513
Posted:
Unless someone from the Board or possibly a PM was present and was a witness to the conversation, under no circumstance does the HOA get involve.
SheliaH (Indiana)
Posts: 6,964
Posted:
There are a number of things I'd consider blatantly racist - and there's definitely not enough information here to indicate that's what happened here. I don't know how old the kid is or what happened before he or she said what was said. And since we're talking about a minor, this could be an example of someone saying something really dumb.

For all you know, these two have squashed whatever this was, so the HOA should stay out of it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posted:
Just going by what the person told me and no, those people moved quite a while ago.
KerryL1 (California)
Posts: 14,550
Posted:
Glad your troublemakers left, LetA. How old is the child who told someone to stay out of the pool?

Whatever age and given you only have a report from a self-described victim,wih most others, I don't see how it's the HOAs business.

šŸŽÆ You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • āœ“ Ask follow-up questions
  • āœ“ Share your experience
  • āœ“ Get expert advice
  • āœ“ Access 350,000 discussions
Create Free Account →

⚔ Takes 30 seconds

Already a member? Log in here