Homeowners associations (HOAs) in California are expected to manage residential communities fairly, but unfortunately, discrimination can still occur. Whether it’s racial, religious, or disability-based, homeowners have legal protections that safeguard their rights in these situations. 
California residents are covered by both federal and state laws that prevent discrimination within HOAs, ensuring everyone is treated equitably. At LS Carlson Law, we’re dedicated to helping homeowners navigate these issues, offering expert legal support to defend your rights and hold discriminatory practices accountable.

Understanding HOA Discrimination in California

In California, homeowners associations must abide by a set of state and federal laws that protect residents from discrimination. These laws prevent HOAs from discriminating against individuals based on race, color, national origin, religion, gender, familial status, or disability. When an HOA discriminates against a resident or a group of residents, whether by refusing reasonable accommodations or enforcing discriminatory rules, the homeowner has legal avenues to challenge this treatment.

Federal and State Laws Protecting Homeowners

The Fair Housing Act (FHA), part of the Civil Rights Act of 1968, is a cornerstone of housing discrimination law in the United States. It makes it illegal for any housing provider, including HOAs, to discriminate against a person based on the protected characteristics listed above. Under the FHA, individuals have the right to challenge discriminatory practices, either through legal action or by filing a complaint with the Department of Housing and Urban Development (HUD).
California’s Fair Housing Law provides even further protections. The California Fair Employment and Housing Act (FEHA) is designed to complement federal law, offering expanded protections for residents. For example, California law covers familial status discrimination, ensuring that families with children cannot be unfairly targeted or restricted by HOA rules. Disability discrimination is also a key concern, especially when HOAs deny reasonable accommodations or modifications needed by residents with disabilities.

Common Types of Discrimination in HOAs

Discrimination in HOAs can manifest in various ways. Some of the most common types include:
HOA Racial Discrimination: Refusing to sell, rent, or offer services to individuals based on their race or ethnicity.
Religious Discrimination in HOAs: Denying access to common areas or facilities based on religious beliefs or practices.
HOA Familial Status Discrimination: Restricting families with children from renting or owning property, or imposing overly restrictive rules on them.
Disability Discrimination: Refusing to make reasonable accommodations for individuals with physical or mental disabilities, such as denying wheelchair ramps or service animals.
These types of discrimination not only create a hostile environment for residents but also violate federal and state housing laws.

Legal Protections Against Discrimination in HOAs

Homeowners in California have several protections under both federal and state laws when it comes to discrimination by their HOA. These protections typically fall into three categories: reasonable accommodations, reasonable modifications, and dispute resolution.

Reasonable Accommodations

A key component of the Fair Housing Act is the requirement for reasonable accommodations for individuals with disabilities. This means that an HOA must make adjustments to its policies or rules when necessary to allow residents with disabilities to fully enjoy their housing. For example, if a resident requires an emotional support animal, the HOA must allow it even if the community rules prohibit pets. Similarly, an HOA must allow modifications such as installing a wheelchair ramp to accommodate residents with physical disabilities.

Reasonable Modifications

In addition to accommodations, HOAs must also allow residents to make reasonable modifications to their units. This could include adding grab bars in bathrooms or widening doors for wheelchair access. These changes must be allowed if they are necessary for a resident to live comfortably and safely.

Dispute Resolution and Legal Action

When an HOA refuses to comply with legal protections, residents have options for seeking justice. Homeowners can file a housing discrimination lawsuit against the HOA, either in federal court or through the California Civil Rights Department. Legal action may result in fines, penalties, or an order for the HOA to remedy the situation, including making accommodations or changes to their policies.

How to Address Discrimination in Your HOA

If you believe you’ve been subjected to HOA discrimination, there are several steps you can take to address the situation:
Document the Incident: Keep records of any discriminatory actions, including emails, letters, and notes from meetings.
Review Governing Documents: Understand the Covenants, Conditions, and Restrictions (CC&Rs) of your HOA to determine if they are being applied unfairly or in violation of your rights.
Request a Reasonable Accommodation: If the discrimination involves a disability, make a formal request for a reasonable accommodation under the Fair Housing Act.
Seek Legal Advice: If informal resolution doesn’t work, consider consulting with an attorney who specializes in housing law to discuss your legal options.

The Role of the HOA Board

HOA boards are responsible for ensuring that the rules and regulations of the community comply with the law. If an HOA board is found to be engaging in discriminatory practices, individual board members can be held liable. Homeowners have the right to challenge the board's actions through legal channels, and it is essential that board members are aware of the legal consequences of violating housing laws.

Protect Your Rights with LS Carlson Law

Discrimination within an HOA can be incredibly stressful, but California law offers strong protections for homeowners. If you believe you’ve experienced discrimination, whether based on race, disability, religion, or familial status, it’s essential to take action. At LS Carlson Law, we are committed to supporting homeowners who face discrimination and helping them navigate the legal process to secure their rights.
Take action today! Contact us at LS Carlson Law to discuss your situation and explore your legal options for addressing HOA discrimination.