Do HOAs Have to Follow the FHA in North Dakota?

Question:

My HOA states they do not have to follow federal and state HUD/FHA ESA guidelines since the units are each privately owned and not rentals. So, I am being forced to sell my unit, as the bylaws say no animals and my ESA letter was denied. They threatened me that the police would come take my dog, on a Sunday within half an hour of them giving me a letter saying he has to go. Although the lady (ESA letter also) beneath me is allowed to stay with her cat. Mine is a dog.
Also the board made up their own rule, without a meeting, we didn’t have a rule in place before, regarding the security cameras and excluded visual access to them to only board members. I, the former president and I had set them up was the only other person that was looking at the views. I definitely feel targeted. Harassed. And discriminated. How in this time can we take such a leap backwards. Here in Fargo Nd

– Susan

 

Answer:

Hi Susan,

Homeowners associations and condominiums do have to comply with the Fair Housing Act’s reasonable accommodation requirements as stated on the website of the Department of Justice. You can file a complaint with the North Dakota Department of Labor & Human Rights or HUD. You may also file a private lawsuit in federal or state court. As for changing a rule without a meeting, make sure to check your bylaws and CC&Rs to see if this is allowed by your association. If you feel discriminated against or harassed, try to file a complaint with the agencies listed here or seek legal counsel from an attorney.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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