On October 31, 2014, a District Judge in Texas ruled against a demand by a Homeowners Association that a group home in the neighborhood be shut down. City House has 8 residents, young women who would otherwise be homeless. But the legal battle is not over.
A report from the Dallas News which discusses key arguments in the dispute is linked below.
Chad Robinson, who represents the Plantation Resort 2 Homeowners Association, claims that neighborhood deed restrictions require that homes only be used by single families, people related by blood or by law. He acknowledges there are exceptions for such things as nannies or single renters. But he says eight unrelated women in a transitional living program cannot be considered a single family.
Add another shady, abusive tactic to the HOA playbook. When taxpayers show up at the planning commission meeting, and speak out against development of yet another HOA or Condo project, if you’re the Developer, just give your attorney a call. Then threaten a lawsuit.
When a Planning Commission denies a Zoning change, or the two parties cannot agree on a development plan, it is quite common for the Developer and Landowners to file a suit against the government, hoping to arrive at a reversal of the Zoning decision or at least a mutual compromise.
To further challenge the misguided notion that buyers, owners, and residents in HOAs need no federal legislative policy, we will now examine what NAHB is doing on the Congressional level. Although NAHB’s scope and mission is more broadly defined, and encompasses the multi-family rental sector, a significant portion of new residential construction designed for home ownership will undoubtedly be governed by HOAs. Therefore, this analysis has relevance to HOA Reform efforts.
In March 2014, NAHB conducted its “Bringing Housing Home” campaign. Regional conferences were held for the purposes of allowing NAHB members to meet with their respective Congressional leaders to discuss important federal issues for home builders.
CAI makes it abundantly clear they oppose federal regulation of HOAs. Yet the HOA industry has relied heavily on federally backed mortgage financing to support a behemoth HOA housing empire created of, by, and for Developers.
The height of industry hypocrisy is made apparent when we take a close look at federal legislation that the HOA industry promotes before our Congressional leaders.
CAI recently conducted its “August 2014 Recess Advocacy Campaign,” where members were urged to meet with Congressional leaders in their respective District (local) Offices.
It saddens me that housing discrimination against the disabled is so common. An apartment complex, an independent living facility, and two HOAs are among four offending housing providers in HUD’s early November report.
From denial of an accessible parking space, to reluctance to provide wheelchair access; from denial of an emotional support animal, to terminating residency after short-term hospital stays, management of these communities continues to find ways to try to skirt around the law.
