Any DISCRIMINATION BY AN HOA IS

AGAINST THE LAW!

When we hear the word “discrimination,” we might be tempted to think it has to do with the state of mind of people who can’t stand to be around people of another race, ethnic or religious group. To be sure, there is such a thing as racial discrimination, ethnic discrimination or religious discrimination, but these terms are descriptions of what it is inside the minds and hearts of those who, based on those subjective dispositions, then proceed to commit objective acts of discrimination. Prejudice toward another group of people, because of who they are or are not, is not exactly the same thing as discrimination itself, but something that often fuels bad behavior, such as, treating some people one way but other people in another—discrimination!

As long as we understand that discrimination is a behavior, now we can go on to further understand that it really doesn’t matter what sort of subjective disposition motivates people or a group of people to commit acts of discrimination. It could even be that no particular motive is at work, but if a person or group of persons treat someone else differently than they do another, that is discrimination all the same!

So, what does this have to do with how HOAs treat their members? A LOT! Why? Because, while the laws in the State of Texas don’t protect residents and non-resident homeowners living within an HOA community are nowhere near as strong as they should be, there are some protections, in both State and Federal Law that make it illegal for HOAs to do whatever they please (in spite of the way they so often present their authority), and one of those laws says an HOA CANNOT DISCRIMINATE!

The State of Texas has its own laws designed to enforce Federal laws against housing discrimination—the Texas Fair Housing Act, and these laws include prohibitions against things like the selective enforcement of rules and judgments, as when a claim that a “violation” has occurred, and fines are issued accordingly. If an HOA discriminates against any homeowner or lessee, they are subject to prosecution by both State and Federal authorities!

Here in Peachtree Village, we’ve experienced many years of discrimination by one HOA Board (or "Board") after another. While they can, for now (until we get our State Laws to do a lot better job of curbing HOA’s ability to make all sorts of ridiculous rules) make some draconian rules, and issue “fines” for allegedly violating their draconian rules, and if said fines are not paid, it is possible (though not at all certain) they could put a lean on a home for whatever amount they claim is owned to them, but what they cannot do is go after one person for having committed an alleged violation, if they didn’t go after everyone else for the same or similar thing!

But we all know that, here in Peachtree Village, some people have been able to do whatever they please with their homes and other property without any harassment from the HOA, while others have been issued one threatening letter after another, and pressured into paying fines, which is a prime example of DISCRIMINATION!

It could be the reasons or motives for our HOA's discrimination has to do with a negative disposition toward a certain race, national origin or familial status (having children), but no matter what sort of thoughts or feelings were at work in the minds of the HOA director or directors whenever they threatened or fined a resident for whatever sort of rule they allegedly broke, what matters is whether they made the same threat and/or issued the same amount of a fine to everyone else who ever committed the same “violation.” If not, the HOA has committed discrimination and broken the Law!

Let’s consider a specific example. If the HOA allowed one homeowner to paint his entire house exterior a very dark color, such as maroon (very dark) red, but if another homeowner painted her house a similarly dark color, a dark green, a dark blue or a dark purple, and the HOA threatened her with a fine if she didn’t change it to some pastel white or brown, it’s discrimination! Here’s another one. If the HOA did nothing or, if they issued a threatening letter or initially demanded a fine be paid by someone whose lawn grass got taller than, let’s say, 6 inches, but subsequently, a Director waived the fine, but later on, the HOA threatened, issued a demand that a fine be paid, and did not waive the fine against some other resident whose grass also got up to 6 inches, that’s discrimination! In the end, it doesn’t matter what the motive of the HOA director had for treating one resident in one way and another resident differently. They cannot just do as they please, demanding strict adherence from some, but turning a blind eye toward the same “offences” of others. If they do, the persons whom they threatened and/or pressured into paying fines have solid ground to file formal complaints with State and Federal authorities against the HOA for discrimination.

Now, with this information about discrimination coming to light, any person of ordinary reason might think that an HOA (like the one in Peachtree Village) which has, repeatedly, over many years, committed one act of discrimination after another, would wisely stop threatening anyone else ever again for having committed any sort of “violation” unless it was for something they and every previous Board never once allowed, and that is what we, the Peachtree Village Neighborhood Union, are hoping is the course the current HOA Board and any others who might follow them, will wisely choose to take going forward.

Of course, it may be the Current Board of Directors will not take the wise course, and presume they can simply carry on with their discriminating ways as so many other Boards or “Boards” did in the past. If they do, then we, the Peachtree Village Neighborhood Union will hold them accountable! This is why we are asking every Peachtree Village resident and non-resident homeowner to notify us immediately (just email us: info@peachtreevillageplano.com) if you should get any sort of threat from the HOA or any agent of theirs (like Goodwin & Co, for however much longer they remain in the HOA’s employ) so we can vigorously investigate whether or not they ever once allowed someone else to do what they’re saying you cannot.

All that said, there are a few people who think the answer to all the acts of discrimination up until now is to go to each and every homeowner who got a pass before, and pursue them with threats and fines and leans until they so change the appearance and structures of their homes they'll look exactly as they did 40 years ago! Trouble is, there’s these things called the “established practice of the parties,” “precedent,” and "ex post facto." While one can never say never, let’s just say that it would be very, very, very difficult for any current or future HOA Board to go back on what they or any previous Board or “Board” allowed some residents to do or not do, and even if it were possible, only at great cost! Therefore, we’re also hoping the Current Peachtree Village HOA Board of Directors would not even think to pursue a path as crazy as this, but were they to do so, we’ll do all we can to be prepared to defend all of our neighbors' rights to do as much as possible to manage their homes as THEY see fit because, after all, it is THEY who bear all the costs of their property and the principle of I Pay, I Rule is what should apply, excepting only for the limits the City, State and Federal governments require, which are plenty enough to ensure no one ever becomes so seriously neglectful of their home it really does have an adverse effect on others.