In light of today being Martin Luther King Day, I’m basically re-publishing a blog I wrote two years ago.  I’m not doing it because I’m lazy, but on the contrary believe that unfortunately, race relations have deteriorated in the last two years and I want to know if our readers agree.  I also want updated opinions as to whether race still plays a part in whether or not people are accepted into a community or if they would even choose to move into certain communities in the first place.

Race is not the only issue.  In terms of being tolerant of various religions, there’s no doubt that the world is a different place than it was even two years ago.  Surveys show that Americans are fearful about radical Islamist terrorist attacks here in our own country.  Does that fear result in Boards or associations being more selective or protective in choosing who gets to live in a community or not? 

Let’s suppose for example that the Board is interviewing a Muslim family, dressed in traditional religious Islamic clothing and this family seeks to move into the community?  Suppose during the screening and background process it’s learned that they are new to the country and have lived their lives in a Middle Eastern country that is not a friend of The United States?  Regardless of what your governing documents say, will these applicants be subject to a higher level of scrutiny?  Should they be?  Would your answer be different if it was two or three single Muslim men who seek to move into the community?  Let’s really talk truthfully about these serious issues that are actually facing associations now and will continue to do so.  Please post your comments anonymously if you wish, but the important thing here is to find out what Board members and association residents are truly thinking in their hearts, minds and souls.  If we can’t talk honestly about how we truly feel, how can we help each other deal with the concerns we have? 

My questions may actually offend some of you.  Don’t be offended.  They are not meant to offend you or the Muslim community for that matter.  On the contrary, these are issues that associations and The Muslim community are actually dealing with and will deal with even more, if predictions of increased middle eastern immigration hold true.  Not talking about it will potentially result in lawsuits filed against associations and potentially lots of litigation.  So….. read the prior column below.  Think about the comments above.  And then post your comments about whether you believe race, color, religion or even same sex marriage are still issues that Boards or associations have difficulty dealing with or accepting.  How about some suggestions?

It only makes sense that on today's national holiday of Martin Luther King Day, we discuss the topic of racial, religious or other forms of discrimination in your association.  It may seem uneasy, uncomfortable and difficult,  but we need to talk about it if we are ever going to rid it.

I'll start with an admission.  I have had Board members ask me straight out over the years how the association can prevent certain types of people from moving into their community based upon their race or national origin.  What kind of tips or legal advice  could I recommend that would keep their community free from who the Board and other members of the community perceive as undesirable neighbors.  Quickly, the conversation turns to something like "Don't ever ask me that again" or "Find your self another lawyer" if that's what you are trying to do.  I promise you this happened more than once and I doubt I'm the only community association attorney who can tell that story.

            I am not suggesting for a moment that many Boards act in this obscene manner.  On the contrary, I have met with and/or represented thousands of associations over the years, and can count this scenario on one hand.  However, it simply has not been eradicated despite the fact that we would like to think it has.

            A few years ago, I was representing a buyer of a condominium unit in Hollywood, Florida who was prevented from purchasing a unit.  The President of the Association denied the sale and wound up trying to purchase the unit for herself.  My client had an Italian last name.  There was a Jewish judge assigned to the case.  Despite the fact that I argued that the President prevented my client from purchasing the unit due to personal financial reasons, the judge took it one step further.  The judge was under the firm belief that the buyer was rejected simply because the President didn't like the buyer's Italian sounding last name.  I watched the judge slam the door to his chambers and chastise the association's lawyer like I had rarely seen.  It was clear to this judge that discrimination was very much alive and well in this Broward County condominium association.  When I told the judge that I was not even alleging racial discrimination, I was told that "I should learn to shut up when I'm winning."  It was a lesson well learned, believe me.

            The flip side to the foregoing is that I have also seen associations accused by the local Housing Authority of discrimination based upon race, even though clearly race was not a motivating factor when the association denied a minority applicant the right to rent or purchase.   This is government gone too far and is unfair to Boards and their members who have the right under their governing documents to legitimately screen and reject owners or renters, some of whom may be a minority.  When the government assists with prosecuting non legitimate claims of racial discrimination it serves to water down the many legitimate claims of prejudice that are worthy and have merit.

            So let's get real today.  Do any Archie Bunkers live in your community and even occupy a seat on your Board?  Have you been the victim of discrimination based upon race, religion or nationality in your community association? Have any minority Board members been the victim of harassment by the owners because of their race?   Are there any Board members out there who want to admit that their Board does try to keep certain people from moving into the community?  Your contributions to the blog can be anonymous ---- so let the comments fly.