U.S. Dist. Ct. Says HOA Violated Fair Housing Laws by Prohibiting Parking of Van in Owner’s Driveway

U.S. District Court, District of Oregon, Eugene Division, decision (January 11, 2017).

This case involved a dispute over a homeowners association’s denial of a member’s request for an accommodation from a restrictive covenant that prohibited them from parking large vehicles in their driveways. The owners requested the accommodation due to the disability of a child that resided in the member’s home. The homeowners had requested an exception from the covenant because they asserted that their disabled daughter’s condition required them to have the ability to park a Class C RV in front of their home in order for their daughter to be able to use and enjoy their dwelling. Because the HOA denied their request for an accommodation, the homeowners filed suit against the association, and its president, alleging violations of the federal Fair Housing Amendments Act (“FHAA”) and the Oregon Fair Housing Act.