Harassment In HOAs
wmdouglasgreenville.com
LIVING IN A COMMUNITY
Oddly enough, violence between homeowners in a residential community is more frequent than everyone would think. Normally, civic culture should prevail where a group of humans shares common areas and amenities; it includes the respect of the rights of others. However, living in a community can be difficult.
PROBLEMS AND DISPUTES
Every day there are complaints, claims, and conflicts between neighbors caused by important issues or banalities. In these cases, the local laws and the association’s governing documents contemplate the obligations and corresponding rights of the residents. But, on some occasions, these rules are not well applied, which in the long run leads to problems and disputes that are difficult to solve.
WHAT IS HARASSMENT? According to the legal conception, harassment is the act of systematic and/or continued unwanted and annoying actions of one party or a group, including threats and demands. This behavior may be motivated by several reasons that include racial prejudice, personal malice, illegal pressures to meet selfish purposes, and other causes. Harassment is also associated with verbal abuse, threats of violence, sexual harassment that also involves offensive physical touching, assault, and other violencerelated behaviors.
UNACCEPTABLE BEHAVIOR Harassment, regardless of the motives and justifications, is unacceptable behavior. When a situation that compromises the coexistence and safety of residents arises, HOAs have the power to enforce the rules in the Declaration of Covenants, Conditions, and Restrictions.
THE FAIR HOUSING ACT (FHA) Recently, the Fair Housing Act (FHA) has been expanded to include neighbor harassment laws. It means that these new rules provisions grant to HOAs a direct liability if they cannot correct a discriminatory housing practice. It implies that associations have a legal responsibility to intervene when residents complain to the HOA about neighbor harassment.
MOST HOAS INCLUDE IN THEIR CC&RS A PROVISION THAT ESTABLISHES THE RESIDENT’S RIGHT TO QUIET ENJOYMENT OF THEIR HOMES. ACCORDING TO THIS PREMISE, HOMEOWNERS HAVE THE RIGHT TO PEACEFULLY LIVE IN THEIR COMMUNITIES WITHOUT BEING HARASSED.
THANK YOU!
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