New Illegal Anti-Christian HOA Policy Bans All “Religious” Use Including Most Weddings in Self-Described “Premier Wedding Venue”

We continue to see homeowners associations (HOAs) unlawfully trampling on the religious liberties of homeowners across the country. For us, these violations of federal law do not go unnoticed. After hearing from a resident of a northern Virginia HOA, the ACLJ is stepping in to address a recent motion passed by the HOA board of directors (BOD) that blatantly violates federal law by:

[D]eny[ing] 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.

Like many residential communities, this HOA has numerous resident groups and clubs that enjoy access to community spaces owned by the HOA. The community even markets itself as “the premier wedding venue across the region,” allowing nonresidents to rent various facilities for events. The unlawful anti-faith rule also has the absurd effect of banning most weddings in its wedding venue – whether the HOA intended that result or not. The wording of the new policy on its face would ban weddings that are “religious. . . in . . . nature” – which naturally would be the majority of weddings.

Among the 30 clubs and groups who also use the space is our client, a homeowner in the community who leads the only religious club. The club began as a small Bible study in someone’s home and, over the years, expanded into a formal HOA club offering various faith-based events using the clubhouse, including both men’s and women’s Bible studies.

A fellow resident allegedly complained about a women’s Bible study announcement in the January 2025 community newsletter that simply mentioned that the women were studying Hebrews. Shortly thereafter and without warning, the HOA board unanimously passed the motion to shut down access to the clubhouse for any religious gatherings. In its communication to residents, the board explained they were responding to “numerous concerns” and emphasized that shared facilities “are for the enjoyment of all our residents.” They proceeded to explain that while religious clubs could still exist, they would need to meet elsewhere – suggesting private homes as alternatives. There was no policy change for established nonreligious clubs’, nor even nonresidents’ use of the facilities.

The ACLJ immediately stepped in to protect our client’s rights under federal law and sent a demand letter to the HOA’s attorneys. In this letter, we outline how the Fair Housing Act (FHA) safeguards religious freedom in housing, making it unlawful to “discriminate against any person 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.”

We also explain how courts have consistently held that FHA protections do not end once someone purchases their home. As one court put it, these protections “do not evaporate once a person takes possession of [their] house, condominium, or apartment.”

The Department of Justice, charged with enforcing the FHA, also provides clear guidance on this issue:

No one may be discriminated against in the sale, rental or enjoyment of housing because of their religious beliefs. This includes equal access to all the benefits of housing: someone could not, for example, be excluded from reserving a common room for a prayer meeting when the room may be reserved for various comparable secular uses.

Our letter also clarifies the legal principle that rules that have a discriminatory effect on Christians or other faiths violate the FHA, regardless of intent. In a previous ruling, a federal court emphasized that “an FHA violation could be established through a showing that a facially neutral rule or policy had a discriminatory effect on a protected class.” The Department of Housing and Urban Development (HUD) echoes this principle in its regulations that provide “[l]iability may be established under the Fair Housing Act based on a practice’s discriminatory effect . . . even if the practice was not motivated by a discriminatory intent.”

As is so often the case, HOA boards use their power at the expense of residents’ fair housing rights. The solution to creating an “inclusive” community is not to exclude religious groups from community spaces but to ensure all residents have equal access to shared amenities regardless of whether they are a religious group. Residents and HOA boards must understand that federal law protects religious expression in housing communities, and these protections extend to the use of common areas and facilities. Finding this balance isn’t just legally required – it’s essential to build actual inclusive communities where all residents can fully enjoy their homes and neighborhoods.

A response to our letter is due next week, and we are prepared to pursue all available legal remedies to shut down these egregious violations of federal law.

Please contact us at ACLJ.org/HELP if you have experienced similar discrimination at the hands of your HOA or landlord.