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Important Fair Housing Act Limited Common Area Parking Case Decided In Virginia

February 19, 2015

Agencies enforcing the Fair Housing Act have sometimes taken the position that community associations (HOAs, condominiums, townhomes, homeowners associations) must reasign limited common area parking to accomodate requests from disabled (handicapped) persons for more accessable parking. This reasignment can turn into a nightmare because limited common area parking is often assigned in deeds, CC&Rs, and plats. Owners typically rely on the location and convience of an assigned parking spot when making purchasing decisions. It is extremly disruptive and unfair to later force the owner to permanently trade for some parking spot that is often far less convenient after they have purchased. It is similar to informing an owner that they must trade backyards with their neighbor, or someone accross and down the street. Moreover, Associations are making these tough decisions under constant threat of a fair housing complaint that can cost thousands of dollars to defend.

In Commonwealth of Virginia v. Windsor Plaza Condominium Association, Inc., a Virginia Supreme Court found no fair housing act violation when the Assocaition refused to force a trade of limited common area parking assigned to owners, essentially stating that the Association had no right to confiscate the parking of another and therefore the requested accomodation was unreasonable. This case will provide new authority that Associations will have to consider when similar requests for accomodation are recieved.

This case highlights the difficulty Associations face when confronted with Fair Housing Act requests for accomodation. The Association undoubtedly spent tens of thousands of dollars to be vindicated in its ultimately correct decision, with no right to recover any of those attorney fees. If the Court had ruled the other way, the Association would have to pay the complainant's attorney fees, penalties, damages, and its own attorney fees. Morris Sperry understand the Utah Fair Housing Act (UFHA) and the Federal Fair Housing Act (FFHA) and can help associations navigate the difficult procedures that apply when responding to such as request. Moreover, Morris Sperry stays up to date on these and other cases to provide the very best substantive analysis possible.      

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