What can an HOA do if a member is sending hateful messages to neighbors? The board said “nothing.”
Q: If the HOA fails to send a letter to a homeowner within 15 days as required by Civil Code 5855, may they simply ignore that and hold another meeting or as many as they want, thereby removing the possibility of a homeowner using 5855 as a defense? — P.M. Walnut Creek.
Some lawyers, even HOA lawyers, contend that various constitutional rights apply to the “accused” of HOA violations, but this is clearly wrong – or juries would decide these violations, not boards. A: I am very sorry to learn of the hateful activity by your neighbor. If that hate is directed at residents because of their membership in one of the many protected classes in California , the state Fair Housing regulations and HUD regulations ban such activity as discriminatory.Section 12010 requires the HOA to take what action it can to prevent such discrimination or it will be liable for that discrimination.
Fair Housing authorities expect the HOA to investigate the alleged discrimination and determine if illegal harassment happened. Then, the HOA is expected to try to do what it can to stop the behavior. This could be a letter from the HOA’s manager, board or attorney.
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