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he distress was clear in the unit owner’s voice even

though he had difficulty expressing himself. He told

the board members that his neighbor was a big prob-

lem. He would not complain for himself but his children

were afraid to use the pool because of this neighbor and

they hesitated even going outside to their car. The man was

not easy to understand, English was not his first language,

but the board members were familiar with the neighbor

he complained about. They all had heard the things he

said to this family, even the young children, insulting their

religion, the country they emigrated from, and even the

way they dressed. After the meeting, the board members

discussed the situation with their property manager. This

man was right; the neighbor was horrible and his verbal

assaults against this family were unrelenting. Still, didn’t he

have a right to express those repugnant views? And what

could the board do anyway if they did intervene? The

board members decided to tell the man they sympathized

with him but there was nothing they could do for him.

By Mary Barret, Esq.,

Stark & Stark

COMMUNITY

ASSOCIATIONS

MUST ADDRESS

HARASSMENT

WHICH CONSTITUTES

HOUSING

Many community association property managers and

board members may come to same conclusion as these

did. After all, board members are volunteer homeowners

and have a lot to juggle without trying to solve ethnic and

religious intolerance in their communities. Yet the law

requires involvement by a community association in situa-

tions of harassment that constitute housing discrimination.

New Housing Regulations:

In October 2016, new regulations related to the Fair

Housing Act were implemented by the Department of

Housing and Urban Development (“HUD”). The Fair

Housing Act is part of the Civil Rights Act of 1968 and

is a federal law that, among other things, makes it illegal

to discriminate against a person in the provision, use, and

enjoyment of housing on the basis of their protected class.

Harassment has always been a form of discrimination

under the Fair Housing Act. Before the recent regulations

were implemented, however, the definitions and standards

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