Online forms - discrimination

Started by RosemarieG • 12 replies • 302 views

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RosemarieG (Florida)
Posts: 3

Posted:

Our HOA is trying to tell the community that all ARC applications must be done on the club website. I have argued that this is discrimination. Not everyone has access to the internet or a computer and printer. They are trying to deny paper applications, which have been here for years.
There is nothing in our by-laws or declarations that state this is a requirement. I cannot find anything online about this. State of Florida. Anyone have similar situation?

ElleN (Idaho)
Posts: 4,420

Posted:

The law says the HOA is allowed to make reasonable rules for enforcing the covenants. You say requiring application via a web site is not a reasonable rule. I think there's no question that online, digital applications save time and money, so it's not like the board is being totally unreasonable here. The HOA is a non-profit, after all, and the all-volunteer board has a difficult job trying to minimize assessment increases.

But I hear you. I think best practices is to offer both but strongly encourage using the web site, to help the HOA keep expenses low.

Until someone who is disabled or maybe elderly complains that the rule is discrimination against them, then it's not discrimination IMO. If and when such a complaint is made, just inform them politely why the board did what it did but that the board also recognizes using the internet is a hardship for many people, so a paper application will be fine.

JackieB4 (California)
Posts: 398

Posted:

Rosemarie: great question
Ellen: nice response.

CathyA3 (Ohio)
Posts: 6,299

Posted:

We've handled similar issues by making online services easily accessible, and if homeowners want to use paper we charge a small fee (eg. people who want to pay assessments via paper check need to pay $10 printing charge for the paper coupon books). Then we leave it up to them to choose the option they prefer. So many entities do business electronically these days that someone who insists on using paper will be at a disadvantage.

Discrimination would be an issue if a homeowner is in a protected category that requires a reasonable accommodation. The Fair Housing laws spell out which categories require accommodation.

FWIW, I don't think we have a single homeowner in my community who doesn't have an email address and some electronic device, and we have our share of older residents. I was kind of surprised, actually.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

As Cathy said. Add a charge for handling a paper request. I say $25.00.

BarbaraT1 (Texas)
Posts: 821

Posted:

If you have a clubhouse or office on-site, an option might be for the board to provide a basic laptop that can be used by any owner who does not have one, so they can come to the office and submit their form online.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By RosemarieG on 02/21/2023 6:04 AM
Our HOA is trying to tell the community that all ARC applications must be done on the club website. I have argued that this is discrimination. Not everyone has access to the internet or a computer and printer. They are trying to deny paper applications, which have been here for years.
There is nothing in our by-laws or declarations that state this is a requirement. I cannot find anything online about this. State of Florida. Anyone have similar situation?

Some of the suggestions here seem to make the assumption that you are on the board and have control over their policies.

I am going to assume you are not on the board, have no control over their policies, and are trying to discern if the policy that has been foisted upon you is legal.

In that case, there is no clear answer. Yes, it is discriminatory, but not necessarily illegally so. Basically, the board can make that requirement and it will stand until somebody lawyers up and challenges them. Alternatively, you could try to appeal to their better angels and ask that they might consider offering a low-tech alternative for those people who do not have the ability to conduct business online.

RosemarieG (Florida)
Posts: 3

Posted:

Hi Everyone
Thanks for all the input! Very helpful. I am the ARC Chair for this community and I am a CAM.
I have never had a community push this hard to have online only when we clearly have many older members who admit they do not have a computer.
Our admin is on site as well so hard copies are not a significant problem.
Thanks again for all the feedback!

RosemarieG (Florida)
Posts: 3

Posted:

MarshallT (New York)
Posts: 414

Posted:

Hi,

While I don't think this constitutes as discrimination, I do agree that paper options should still be available, especially if you are still having to print the applications out. Perhaps your board would be more open to this if a small fee were involved?

If there are several owners who feel the way you do, bring the issue up in a member meeting.

LayaS (Nebraska)
Posts: 249

Posted:

I really don't see it as discrimination, but I suspect that members of the ARC committee print out the on-line applications anyway. As a member of the older crowd, it's much easier for me to read a paper copy instead of scrolling through an on-line document. I am fairly competent in doing on-line business but I recently went through an on-line mortgage process and each one of the on-line documents was printed out with at least 2 copies. And this was a huge amount of paper. I don't see us ever getting away from paper copies. Not at this time anyway. The benefit of online applications is that it speeds up the process. I haven't mastered online filing of my own personal documents.

As something as important as an ARC application, I think it would be beneficial to simply offer both options. Doesn't a paper copy get filed anyway? How many ARC applications can there be? I suppose it depends on the size of the HOA community.

NA1 (Massachusetts)
Posts: 190

Posted:

Quote:

Posted By JohnC46 on 02/21/2023 9:07 AM
As Cathy said. Add a charge for handling a paper request. I say $25.00.

Thats an access charge, which is a form of discrimination, especially for lower income elders and disabled. Not uncommon though.

BillD16 (Texas)
Posts: 971

Posted:

Quote:

Question: is the problem a) actual paper applications, or b) difficulty with uploading electronic forms?

FWIW, our old PMC and our new PMC both allow someone to email an application to the 'front desk', where someone will do the upload for them. I don't think there's any legal requirement but I think there should always be a 'human' path in any system that the general public is required to use. Otherwise you get Gordon R. Dickson's "Computers Don't Argue". https://www.scribd.com/document/49017631/Dickson-Gordon-Computers-Don-t-Argue

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

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