This article covers best practices and a summary of state and federal law. Condominium Associates is not a law firm, and this is not legal advice.
When two residents are in a dispute, it can be hard to know whether the association should step in. Most disagreements between neighbors are private matters. Some are not. Under the federal Fair Housing Act and rules issued by the U.S. Department of Housing and Urban Development (HUD), a community association can be held responsible when harassment based on a protected characteristic is known about and nothing is done.
Disputes That Are Not the Association's to Solve
An association is not expected to referee every quarrel. Noise complaints between upstairs and downstairs neighbors, leaves blown from one yard into another, and personality clashes are usually handled between the residents or, when a rule has been broken, through the normal violation process.
Each complaint should still be read carefully. What looks like a petty feud sometimes turns out to involve conduct that is covered by fair housing law.
The Two Types of Harassment Recognized by HUD
Quid pro quo harassment takes place when an unwelcome request or demand is made a condition of housing or of housing-related services. An example would be a vendor, employee, or board member who asks for a sexual favor in exchange for a repair or an approval.
Hostile environment harassment takes place when unwelcome conduct is severe or pervasive enough to interfere with a person's use and enjoyment of the home. Slurs, threats, intimidation, and repeated targeting of a resident can all fall into this category.
When an Association Can Be Held Liable
Liability generally comes into play when the following elements are present.
1. The harassment is based on a protected characteristic. Race, color, religion, sex, familial status, national origin, and disability are protected under the federal Fair Housing Act, and the same classes are protected under the Florida Fair Housing Act. Additional protections have been adopted by some counties and cities.
2. The conduct is severe or pervasive. A single rude remark is rarely enough. A pattern of slurs, threats, or intimidation, or one very serious incident, can be. Proof of physical or psychological harm is not required.
3. The association knew or should have known. Knowledge can come from a written complaint, a report to a board member or manager, or an incident that was witnessed. A formal complaint form is not required for the association to be on notice.
4. The association had the power to act. Under the HUD rule, a housing provider can be liable for failing to take prompt action to correct and end harassment by a third party when it knew or should have known of the conduct and had the power to correct it. For an association, that power is found in the governing documents: notices of violation, fines and suspensions after a hearing, and legal action where the documents allow it.
What a Board Should Do When a Complaint Is Received
- The complaint should be taken seriously and acknowledged in writing
- Dates, statements, photos, messages, and witness names should be documented
- The association's attorney should be contacted early, before a response is sent to either party
- The governing documents should be enforced evenly, using the notice and hearing steps required by Florida law
- Threats or violence should be reported to law enforcement right away
- The person who complained should not be retaliated against
- Follow-up should be made to confirm that the conduct has stopped
A written anti-harassment policy, adopted with the attorney's help, makes it easier for complaints to be handled the same way every time.
Why It Should Not Be Ignored
Fair housing complaints can be filed with HUD or with the Florida Commission on Human Relations, and lawsuits can be filed in court. Legal fees, damages, and higher insurance costs can follow. The larger cost is carried by the resident who is left without help in their own home.
Guidance on a related subject can be found in our Florida board's guide to
the owner who won't back down.
For help with policies, documentation, and consistent enforcement in your community,
contact Condominium Associates.
