The Department of Justice has filed a lawsuit against a Florida Homeowners Association. The issue is whether it’s legal for an HOA to discriminate against families with children. The Federal Government claims in its lawsuit that the Townhomes of Kings Lake HOA have a pattern of violating the Fair Housing Act by harassing and taking action against families with children.
In one such case, the HOA threatened to evict a couple and their six children because the number of children exceeded HOA covenants. The Justice Department claims by unduly limiting the number of children, the HOA was in violation of federal law.
A statement by Assistant Attorney General Thomas E. Perez says, “The Fair Housing Act ensures that families with children have an equal right to use and enjoy housing of their choice. The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of families with children.”
The statement by this federal official is nothing more than astonishing. There are 302,000 Homeowners Associations in the country. Most of them regularly violate the Fair Housing Act in one way or another. Anyone who signs an agreement to abide by HOA regulations essentially signs away all his or her Constitutional rights. But the thought of this federal agency filing 302,000 more lawsuits is beyond comprehension.
Amazing stuff! Over the past year, I’ve been looking for another home. My current home is a huge 100-year old Arts & Crafts Sears home in a historic district that takes tons of maintenance, and after 22 years, I’m tired! I toured several condos in the Toledo/Lucas County area, mostly in a fairly low price range (around $120K). Basically they are badly designed apartments with minimal, lousy exterior maintenance. In cheap condos, the monthly HOA fee in this area is typically about $100 to $200 a month – for lawn care and snow removal. That’s very high; too high for me when adding in the costs of property taxes and a mortgage.
I shifted to looking for custom brick homes in “traditional” neighborhoods, and am still looking. After reading your material and listening to elderly friends and family members complain about HOA’s, I’m determined to find a normal house…not a condo! Thanks for putting the information out there – I’m passing around your link.
I’m so glad you’re being cautious, and thank you for spreading the word about my book and my website. As I talk to folks around the country, it’s pretty clear to me that people really are waking up!
Elizabeth,
When I first started reading your comment I started holding my breath. When I saw,”I shifted to looking…” I let out a sigh of relief knowing you have been spared the miserable nightmare I have lived for eight years and three months!!!
Here’s wishing you a wonderfully happy non-HOA house hunting adventure! Thank you for making me smile. 🙂
Elizabeth, good for you for reading Ward’s book and understanding the dangers of HOA living! But be wary of homes in deed restricted areas! They, too, are governed by many rules and regulations. We bought in a deed restricted community over 6 years ago and we did read the documents before we signed on the dotted line. We knew what we could or could not do. The developer had control when we moved in. As soon as the power-hungry gang elected themselves board members, all hell broke loose. Since then, as long as you are a friend or buddy of a board or committee member, you are untouchable by the management company. However, if you dare to disagree or fight for your rights, forget it! You will be harassed, fined, or even sued. There is absolutely no democracy. Forget about being creative with your mailbox, your yard, or paint colors for your home.