When Neighbor Disputes Become Fair Housing Claims: Lessons for HOA Boards

A dispute over driveway cones and barriers may not sound like the kind of issue that could turn into a fair housing claim against an HOA. But that is exactly what happened in a recent appellate decision involving a homeowner who claimed that the barriers interfered with her ability to safely access and leave her home due to disability-related limitations.

The case is an important reminder that not every neighbor dispute is just a neighbor dispute. When a homeowner raises disability-related concerns and asks the association to take action as a reasonable accommodation, the HOA’s response matters. Boards and managers should be careful before simply saying, “That is not our responsibility,” “That belongs to another association,” or “This is a private dispute between owners.”

The decision did not find the association liable. However, it allowed key claims to move forward because the homeowner alleged that the association may have had authority under its governing documents to address the condition at issue. That distinction is important for HOA boards, managers, and homeowners alike.

This article explains what happened, why the court allowed the fair housing and negligence claims to proceed, and what practical lessons HOAs can take from the decision when responding to reasonable accommodation requests, neighbor disputes, common area access issues, and overlapping master/sub-association responsibilities.