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| Wednesday, December 03, 2008
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| Author |
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CharlesH9
(Michigan)
Posts:80
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| 07/11/2008 7:33 PM |
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| Of course I'm always interested in what HUD/DOJ is doing in the discrimination cases and wondered what you guys thought. |
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GlenL
(Ohio)
Posts:1377
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| 07/11/2008 8:53 PM |
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Posted By CharlesH9 on 07/11/2008 7:33 PM
Of course I'm always interested in what HUD/DOJ is doing in the discrimination cases and wondered what you guys thought.
What case? Do you have a link to it that you could post so we know what you're asking about? |
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BruceF1
(Connecticut)
Posts:594
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| 07/12/2008 4:25 AM |
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Glen,
The story that Charles is referring to is the one at
http://www.hud.gov/news/release.cfm?content=pr08-102.cfm
It's actually one of the articles listed in the news section of this site.
This hits close to home for us. We are an adult communuity, and as you can imagine, there are some people who are handicapped and use canes. For years railings in the front of homes have not been allowed, Now that we have gone through developer transition, our board is considering amending the rules to permit them as long as they meet architectural standards. We have one board member who is not a resident, is young, and has not been in favor of it. Maybe this article will convince him.
The article also points up something I have said before. When you violate the law, the aggrieved party doesn't always have to sue you. They merely complain to the authorities and let the government do the work. That way the individual doesn't need to have the money to hire a lawyer. |
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CharlesH9
(Michigan)
Posts:80
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| 07/12/2008 6:34 AM |
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I also think the architectural standards you are interested in implementing may not work if they exceed the local ordinance for materials etc. Well I guess they would work if your association is paying the difference for the aeshetics if there are any additional costs.
I would think any association would not be too interested in the costs associated with fighting a discrimination charge when the government is footing the other half of the bill and punitive damamges can be awarded. There are possible criminal charges in violating these laws. Someone (can't remember who) told me or maybe I read it that the board members themselves can be held punitively liable. It'll be interesting as I am sure alot more cases will be coming since the release of the HUD/DOJ statement. |
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GlenL
(Ohio)
Posts:1377
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| 07/12/2008 7:14 AM |
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This is the type of thing that makes me cringe when I hear about it and yell "What the hell were you thinking?" It's like the HOA that didn't want to allow an automatic door opener in a building where a paralyzed woman lived. A third party would install the door, maintain it and remove it when it was no longer necessary and still the BOD fought against it and lost. Almost anytime you take on the Federal Government even if you're in the right you loose because they have an unlimited amount of money to oppose you. But when you start off on the wrong side of the issue both legally and morally to begin with, you are totally screwed.
When our community was built there were two styles of buildings, the front buildings are pre ADA and the back buildings are after the ADA went into effect. However the front buildings had railings going up the few steps to the front door and the back ones didn't. Homeowners in the back requested that they be added and thankfully after intense objection that they wouldn't fit with the aesthetics of the buildings the BOD did the right thing and installed them. Ironically the person that led the charge against them now has health issues and I've seen her grab the railing she fought so hard against.
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KirkW1
(Texas)
Posts:1145
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| 07/12/2008 10:12 AM |
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The heck of it is, that the aggrieved party still has every right to sue. If you have the government going after the person the smart thing to do is to wait. There is a very good chance that the government will prevail (they tend to pick cases they are sure to win). Then their work pretty much does everything you need to collect on a claim. Also, sometimes a lawsuit muddies the waters and the government then drops out of action.
Quite honestly, I don't get a lot of this anyway. Then again, I chose a neighborhood that required a mixture of houses and bricks so it wasn't uniform. I guess I had enough uniformity when I was in the Army. And the civilian uniformity reminds me too much of East Berlin before the wall came down. |
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