Legal Question in Real Estate Law in Michigan
condo association by-laws
We currently have renters in our condo community who are claiming they are being discriminated against because they are African American. They have had two violation letters sent to them in the past eight months. One was for speeding and the other was for disturbing the quality of life because they have had the police to their home twice in the past month for their domestic violence issues. Now they are mad because, we the homeowners, don't feel as though we should have to tolerate this behavior from anyone in the community, let alone renters. Can they sue for racial discrimination? I don't understand how they feel it's a racial issue. The wife asked for assistance in calling the police in one of their domestic disputes, so she invited people to a part of their issues. Don't we have the right to not be a part of their problems?
1 Answer from Attorneys
Re: condo association by-laws
They can sue for anything they want but whether they get away with it is another matter. Discrimination on the basis of race or color is a violation of the Michigan Elliott-Larsen and Disabilities Act and the Federal Civil Rights Act of 1866. Violations must be proven this in a court of law. Since the association appears to have valid reasons for issuing violation letters, there is hardly a basis for the action. Perhaps they could argue that others who are not "African American" are speeding and getting into domestic violence fights without receiving violation letters, however, even then, the association is not required to enforce every single violation and indeed may allow violations to persist until they get to a point that they are getting out of control and then pull the reigns back in.
If you need further assistance, please do not hesitate to contact me at [email protected].
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