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Pedas2

Junior Member
There is a legal definition of discrimination, and there is the non-legal, colloquial definition.

For the purposes of a legal action, based on illegal discrimination, the party with the complaint has to be able to show that they are a member of protected class, as defined by the law.

Your resistance to sensibly discuss things seem to indicate that a desert island would better suit you, or an isolated oasis in the desert.

Are you suggesting that a person who desire to sue the HOA for discrimination if a a streetlight is removed on their street has to be a member of a racial, gender, etc., protected class?
 

stealth2

Under the Radar Member
Are you suggesting that a person who desire to sue the HOA for discrimination if a a streetlight is removed on their street has to be a member of a racial, gender, etc., protected class?
We are "suggesting" that there is no basis for a claim of discrimination otherwise.
 

Pedas2

Junior Member
I don't think this is a troll...I think this is someone who has a true misconception about what discrimination is. But your point it taken. We can only say the same thing so many times before it becomes pointless.

People discriminate against others who are not members of a protected class all the time. It's still discrimination. Are you suggesting that the discrimination is only illegal if you are a member of a protected class?
 

Zigner

Senior Member, Non-Attorney
Are you suggesting that a person who desire to sue the HOA for discrimination if a a streetlight is removed on their street has to be a member of a racial, gender, etc., protected class?
No. What you are being told outright is that discrimination has to be based on a protected class. Being a member of said class along does not cause something to rise to the level of illegal discrimination.
 

Pedas2

Junior Member
The CC&Rs of my HOA state that no overnight street parking is allowed. If I park my car on the street overnight and get fined and my neighbor does not get fined, if I am not a member of a protected class, then I can't sue for discrimination?
 

stealth2

Under the Radar Member
People discriminate against others who are not members of a protected class all the time. It's still discrimination. Are you suggesting that the discrimination is only illegal if you are a member of a protected class?
Yes. People discriminate against others all the time, quite legally. For example, I can stop replying to a poster (you, for example) for no reason other than I find them dense and annoying. That is discriminating against the dense and annoying. Quite legal.
 

stealth2

Under the Radar Member
The CC&Rs of my HOA state that no overnight street parking is allowed. If I park my car on the street overnight and get fined and my neighbor does not get fined, if I am not a member of a protected class, then I can't sue for discrimination?
DING DING DING! Who told you life must be fair, buttercup?
 

Zigner

Senior Member, Non-Attorney
People discriminate against others who are not members of a protected class all the time. It's still discrimination. Are you suggesting that the discrimination is only illegal if you are a member of a protected class?
YOU are stating this is discrimination, but you have given us no specific actions that would give rise to such a claim.
Let's put it this way: If the residents of the street were primarily black, and the board has always said that black people don't deserve a street light, so they don't get one, then would be illegal discrimination. However, if the residents were primarily black, and the board decided that the need for lighting simply isn't great enough to justify the expense of a light, then that isn't discrimination of any kind.
 

Pedas2

Junior Member
Yes. People discriminate against others all the time, quite legally. For example, I can stop replying to a poster (you, for example) for no reason other than I find them dense and annoying. That is discriminating against the dense and annoying. Quite legal.

DING DING DING! Who told you life must be fair, buttercup?

Just so you know, one can sue an HOA for selective enforcement, which is essentially discrimination.
 

Zigner

Senior Member, Non-Attorney
The CC&Rs of my HOA state that no overnight street parking is allowed. If I park my car on the street overnight and get fined and my neighbor does not get fined, if I am not a member of a protected class, then I can't sue for discrimination?
You could, but in order to prevail, you'd have to prove that the reason you were ticketed was because you are a member of a protected class. Expanding on your example, let's say that the ticketing officer is friends with your neighbor, but has never met you, seen you, or even heard of you. Him ticketing you and not your neighbor is perfectly legal, even if you are a member of a protected class.
 

stealth2

Under the Radar Member
Just so you know, one can sue an HOA for selective enforcement, which is essentially discrimination.
However, in your hypothetical, you give no indication why you were fined and neighbor wasn't, or that the enforcement was selective. There could be perfectly valid reasons for the neighbor having a car on the street and not being fined.
 

Pedas2

Junior Member
However, in your hypothetical, you give no indication why you were fined and neighbor wasn't, or that the enforcement was selective. There could be perfectly valid reasons for the neighbor having a car on the street and not being fined.

CC&Rs allow for no exceptions! Discrimination is rampant in HOAs. Why do some people get fined for outdoor pots (violation of CCRs) and some don't? Selective enforcement is discrimination regardless of protected class and one can file a case with an ALJ in my state on the basis of it.
 

Pedas2

Junior Member
You could, but in order to prevail, you'd have to prove that the reason you were ticketed was because you are a member of a protected class. Expanding on your example, let's say that the ticketing officer is friends with your neighbor, but has never met you, seen you, or even heard of you. Him ticketing you and not your neighbor is perfectly legal, even if you are a member of a protected class.

Not in an HOA!
 

Zigner

Senior Member, Non-Attorney
CC&Rs allow for no exceptions! Discrimination is rampant in HOAs. Why do some people get fined for outdoor pots (violation of CCRs) and some don't? Selective enforcement is discrimination regardless of protected class and one can file a case with an ALJ in my state on the basis of it.
Well there you go then - you have your remedy.
 
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