January 2025 CT

FAIR HOUSING... from page 22.

association’s commitment to fair and transparent conflict resolution. The recent case of Reese v. Park Place Condo. Homeowners Ass’n I, No. 22-cv-02660 (CRC), 2023 U.S. Dist. LEXIS 158904, 2023 WL 5833678 (D.D.C. Sep. 8, 2023), shows how serious the consequences of perceived unfair treatment can be. In this case, an African American homeowner claimed racial bias after her requests for insurance coverage of structural repairs were denied, while similar requests from White residents were approved. While the association had approved a similar request for another African American homeowner, the court still allowed the Plaintiff’s claim to proceed, underscoring the need for associations to enforce policies fairly and keep thorough documentation of decisions. When rules are clear and applied consistently, associations are less vulnerable to such claims. However, the case of Players Place II Condo. Ass’n v. K.P. & B., No. A-1304-20, 2023 N.J. Super. Unpub. LEXIS 430, 2023 WL 2604109 (App. Div. Mar. 23, 2023), shows that an association’s rules can still be overruled even

is training board members, property managers, and staff on how to approach these situations with care. Training should focus on avoiding language or actions that could be misinterpreted and seeing people as individuals rather than reducing them to their disabilities or complaints. New Jersey Condominium Associations are required under N.J.S.A. § 46:8B-14(k) to provide Alternative Dispute Resolution (“ADR”) for resolving housing-related disputes. ADR provides a faster and less expensive alterna tive to litigation, which can drag on for months or years. In some cases, ADR can preserve relationships within the community by promoting dialogue and mutual understand ing (court proceedings often make infighting worse). Since the costs of litigation ultimately fall on unit owners, ADR can save money for everyone involved. Not to mention, when managed by members of the community, ADR can often lead to fairer and more practical outcomes. ADR not only helps resolve disputes efficiently but also demonstrates the

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JANUARY 2025