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Can my HOA in NC be successfully sued for discrimination if…

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Can my HOA in NC...
Can my HOA in NC be successfully sued for discrimination if its architectoral committee has discriminated against me personally in the past for no reason that I can determine? That is, they have denied my requests while approving other resident's requests which have been materially similar. For instance, they let others build fences near their property lines while making me put my fence 15 feet or more from the property line.
Submitted: 10 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/25/2017
Real Estate Lawyer: legalgems, Arbitrator replied 10 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
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Customer reply replied 10 months ago
The fence was one example but I have another example if you want it.
Real Estate Lawyer: legalgems, Arbitrator replied 10 months ago

I am sorry to hear this; an HOA is expected to apply the rules and regulations uniformly or they can be sued for selective enforcement. If the HOA is discriminating based on a protected category such as race, religion, creed, etc, that can be the basis for a discrimination lawsuit; both the actual association and the individual directors may be liable under this theory. The court would need to be persuaded by clear and convincing evidence that the reason is in fact race; so they will consider de facto discrimination if the facts point to that-the judge, as arbiter of facts, would be the party to make that determination.

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Real Estate Lawyer: legalgems, Arbitrator replied 10 months ago

Hello again; just checking in to see how things worked out;

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