Community Matters – Spring 2025
The Spring 2025 edition features an article discussing hate crimes and liability for Community Associations In 2016, the U.S. Department of Housing and Urban Development (HUD) issued a new rule addressing harassment and discriminatory housing practices under the Fair Housing Act (FHA). The rule holds housing providers, including community associations, liable for failing to take corrective action when discrimination occurs between residents, especially in cases involving harassment or creating a hostile environment. A recent case, Francis v. Kings Park Manor, highlighted that landlords and housing providers can be held liable if they fail to act in situations where they have substantial control over the harassment. Although the U.S. Court of Appeals in the Eleventh Circuit (Georgia’s jurisdiction) has yet to interpret the rule, community associations may need to intervene in discriminatory disputes between homeowners. Legal counsel should be consulted when handling such issues to ensure proper steps are taken to mitigate liability. (by Teco Proffitt, Esq.). Another article provides information about handling false statements from association members with the rise of social media and other platforms, disgruntled community association members sometimes spread misinformation about their associations. When faced with false public statements, board members should take a measured approach to avoid escalating the situation. Key strategies include evaluating the issue privately, avoiding public responses, addressing community-wide concerns with general communications, and considering the adoption of rules prohibiting misinformation. If necessary, boards may consult legal counsel to explore sending cease-and-desist letters or addressing potential claims of slander or libel. Handling such conflicts appropriately helps maintain a positive community environment and protects the association from legal risks. (by Elizabeth K. Modzeleski, Esq.).
Community Matters is published on our website on a quarterly basis, and if you would like hard copies, we can make those available for you as well. Thank you!