Disputes between community residents over the use of shared amenities can flare up from time to time in HOA and condominium communities. Associations must be prepared to address and resolve these clashes by using a set process that typically includes letters to the owners involved from the association’s attorney, impartial board/committee meetings and hearings, and possibly also reasonable fines and suspensions. Otherwise, as a recent federal lawsuit with shocking allegations of discriminatory conduct illustrates, these skirmishes could snowball into potentially dangerous confrontations that may expose associations to severe legal and financial liabilities.

The recent suit involves allegations of horrid discriminatory conduct and statements against homeowners Jeffrey and Deborah LaGrasso at the Seven Bridges community in Delray Beach, Florida. It seeks $7 million in compensatory and punitive damages from the community’s HOA and Rachel Aboud Tannenholz, who allegedly engaged in harassing behavior that included phone calls, text messages, personal visits to the plaintiffs’ home, and discriminatory posts on Facebook. The suit alleges the HOA and Tannenholz violated the federal Fair Housing Act by inflicting discriminatory behavior based on the LaGrasso’s religion and intentionally causing them emotional distress.

A Fracas on the Courts