As predicted here many months ago, the U.S. Supreme Court was in a position to issue a ruling that could have a massive impact on Homeowners Associations. It has now ruled that ‘disparate impact’ in discrimination IS discrimination. In other words, even if a neighborhood didn’t know it was actually discriminating against protected classes, if the impact’s outcome meant the protected person felt he was a victim of discrimination he probably was. It’s a hammer blow to the brains of lenders, insurers and Homeowner Associations that felt they could discriminate at random just by trying to prove they weren’t really trying to discriminate.
What that means for you, the homeowner? Well, since the mistakes of managers always mean you have to pay the bucks, guess whose pockets the money comes from to pay the lawyers and the discrimination judgments? Why, on you of course. Remember, you’re not a homeowner. You’re a shareholder in the corporation that pretends it’s your HOA. But as a shareholder you have to pay increased assessments while one of your spokespeople (board officer, office manager, property manager), was doing all the stupid stuff that got you sued.
Yes, it’s dangerous to live in a Homeowners Association.
(link to article on widened Supreme Court decision)
I wonder how this will affect the management companies who have their hands in the pocket of the homeowners
Pingback: Disparate Impact now the law | Independent American Communities