HOA Gets Caught Banning Bible Studies from Clubhouse & Tries To Dismiss ACLJ Lawsuit – Court Hearing Set

May 16

3 min read

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The ACLJ is fighting to defend our client in federal court after his HOA unlawfully banned his Bible study and all “religious” activity from the HOA’s common areas. In response to our lawsuit, the HOA and management company have now filed a Motion to Dismiss. They are seeking to throw out our lawsuit and evade any accountability for their unlawful actions. We are busy preparing a response to continue the fight against unlawful discrimination by HOAs and defend religious liberties secured by federal law. Moreover, the court has scheduled a hearing on the motion for May 23.

This case is critical for the religious liberty of all HOA members across the nation. In this particular HOA, 30 clubs and groups use various communal spaces. Our client, a homeowner in the community, had the only religious club. The club began as a small Bible study in someone’s home and, over the years and because of its size, expanded into a formal HOA club offering various faith-based events using the clubhouse, including both men’s and women’s Bible studies. This all changed after the HOA passed its discriminatory policy.

The policy, unanimously passed by the HOA Board, denies

use of the Clubhouse and Clubhouse campus to any Club, organization, or entity that is primarily religious, political, or faith based in purpose, nature and/or intent. The use of the clubhouse and clubhouse campus will also be denied (as determined by the BOD) to any other entity that is inherently divisive in purpose, nature and/or intent.

As a result, our client’s Christian club is banned from using the HOA’s common areas, as this unlawful policy prohibits Bible studies, prayer meetings, or any other “religious” use of clubhouse facilities.

We first sent a demand letter explaining how the HOA policy violates the Fair Housing Act (FHA):

Specifically, the FHA prohibits discrimination “in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of . . . religion.” Courts have consistently held that FHA protections don’t end once someone purchases their home. As noted in one court decision, these protections “do not evaporate once a person takes possession of [their] house, condominium, or apartment.”

When the HOA responded and denied any violation of federal law, our client had no choice but to file a lawsuit in federal court to protect religious liberty – not just for himself but for countless others.

Since filing the lawsuit, the defendants have now filed a motion to dismiss our claims, challenging the legal support of our case. The ACLJ legal team is currently preparing a comprehensive response to this motion which will reinforce the legal protections our client is entitled to under federal and state law.

A court hearing has been scheduled to address both the Motion to Dismiss and our response. This hearing will be a critical juncture in the case as the judge considers whether our lawsuit will proceed. If the case moves forward, as we will argue it should, the defendants will be forced to file their answer, and the case will proceed to discovery.

We cannot keep up the fight without our supporters. The resources that are provided to us allow us to advocate for clients in federal courts across the country. Thank you for joining the fight.