Many people in this country unfortunately face discrimination at some point in their lives. There is discrimination in the workplace based on gender, disability, age, sexual orientation and more. However, most people expect to not be discriminated against about their own home. According to this case, a homeowner’s association discriminated against a family because they wanted to put in a therapeutic sun room where their two children, both of whom have Down syndrome could play and receive their physical therapy. If you or someone you care about has been discriminated against because of a disability or for any other reason, you should speak to our compassionate and knowledgeable disability discrimination lawyers with the Higgins Firm. We will work with you to make sure you receive the compensation you are entitled to for what you have been through.
The former Chestnut Bend residents Charles and Melanie Hollis filed a federal lawsuit in 2012 alleging that, when the Hollises wanted to build a therapeutic sun room onto their house, “the Chestnut Bend Homeowners Association denied their request to construct it based on concerns about the way the addition would look.” According to the lawsuit, the family asked for permission to build the sun room in 2011 and then for a year went back and forth with the Homeowner’s Association’s architectural review committee which fought the family on planned materials and the design of the sun room. The lawsuit also states that, “Each time additional information was requested, the Hollises complied with the request and each time their plans were rejected and their application summarily denied.” Since the Homeowner’s Association kept denying their request, the Hollises had to sell their house at a loss and move out of Chestnut Bend altogether in order to give their children the in- home care they needed. The Chestnut Bend’s HOA website states that, “this 168 home community shares a variety of lifestyles from active seniors to families with young children to singles and professional couples. Chestnut Bend strives to include all residents while building a strong sense of community and stellar example of fantastic Franklin family life!” However, according to the lawsuit, the Chestnut Bend’s refusal to let them build a sun room discriminated against their family and also constituted a violation of the Fair Housing Act, which among other things makes it illegal for agencies to refuse “reasonable modifications” enabling disabled residents to live comfortably within their own homes.
The Chestnut Bend Homeowner’s Association paid $156,000 to settle the lawsuit but they do not admit to any wrongdoing. Mike Vaughn, current president of the Chestnut Bend HOA board stated that, “We have architectural standards that everybody in the neighborhood has to follow. We followed the rules.” He also said that the Hollises’ lawsuit and allegations of discriminatory practices harmed the other residents of the Chestnut Bend Homeowner’s Association. Finally, he stated that,”We took it personally because we’re a welcoming neighborhood. ”