Florida Appeals Journal 36: When an HOA abuses the Fair Housing Act

FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 36.2025

Recorded on June 27, 2025

Watts v. Joggers Run Prop. Owners Assoc., Inc., 133 F.4th 1032 (11th Cir. 2025).

Plaintiff Watts sued her homeowners’ association (“HOA”) asserting that the HOA treated her unfairly and differently because of her race. She claimed the HOA harassed her, restricted her use of neighborhood amenities, enforced rules against her that they did not apply to white residents, and made her living situation so unbearable that she eventually had to move and became temporarily homeless.

Watts claimed the HOA broke federal civil rights laws, including the Fair Housing Act (“FHA”) and Civil Rights Act (“CRA”), by discriminating against her after she bought her home. The main question was whether these laws protect people from discrimination that happens after they move in, not just when buying or renting a home.

The trial court dismissed Watts’ case. It ruled the FHA only applied to problems during the sale or rental process, not afterward.
The Eleventh Circuit disagreed with the lower court. It ruled in Watts’ favor and sent the case back for further proceedings.

Reasons for reversal:
1. Fair Housing Act – 42 U.S.C. § 3604(b):
This part of the statute makes it illegal to treat someone unfairly based on race in terms of housing conditions or services. The Eleventh Circuit found that this protection doesn’t stop after someone buys a home. It covers how they’re treated while they live there too. Living there, Watts had to follow HOA rules as part of owning her home. The HOA allegedly denied her equal access to amenities (like basketball courts), unfairly enforced parking and pet rules, and imposed fees in ways that were harsher than what white neighbors experienced. The appellate court found that these were “terms, conditions, or privileges” of homeownership and covered under the FHA.

2. Fair Housing Act – 42 U.S.C. § 3617:
This section of the statute bans harassment or interference with someone’s housing rights. Since Watts made valid claims under Section 3604(b), the Eleventh Circuit said that she also had a valid claim under Section 3617 for interference and harassment.

3. Civil Rights Act – 42 U.S.C. § 1981:
This statute protects equal rights to make and enforce contracts, regardless of race. Watts had a contract with the HOA (through the community rules she had to follow). She claimed in her complaint that the HOA broke that contract by treating her differently than the white homeowners. The Court ruled her complaint stated a cause of action.

4. Civil Rights Act – 42 U.S.C. § 1982:
This statute gives all citizens equal rights to use and enjoy property. Watts claimed in her complaint that the HOA didn’t let her use amenities or enjoy her property equally. The Eleventh Circuit found that these allegations could support a Section 1982 claim.

The result of the appeal is that the Eleventh Circuit reversed the trial court’s decision. The case was sent back to the trial court for further proceedings.

PLEASE SEND ALL INQUIRIES TO [email protected]
••••••••••••••••••••••••••••
If you find this video useful, please LIKE it and SHARE it with colleagues you think will find it valuable. Please SUBSCRIBE to the channel (and click the bell) to receive notice when we publish new videos.

If you have comments, please leave them in the section provided below. If you have specific questions, please call us at the number below.

If you have other topics you'd like us to cover, please email us at [email protected]

••••••••••••••••••••••••••••••••
Music by Kevin MacLeod
Werq Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
http://creativecommons.org/licenses/b...
••••••••••••••••••••••••••••••••

The Law Offices of Jennifer S. Carroll, P.A. is dedicated to advocating and protecting clients’ rights in state and federal appeals, post-trial proceedings, as well as pretrial and trial proceedings that involve resolution of significant legal issues. The firm’s mandate is to provide such representation at the highest quality for all clients. By the time a case reaches our firm, it is complicated. It either started that way, or it became difficult as a result of errors which occurred in the trial court proceedings. Our goal is to simplify these difficult cases and resolve them in the best interests of all clients.

Law Offices of Jennifer S. Carroll, PA
1001 US-1
Jupiter, FL 33477

[email protected]

(561) 478-2102
(888) 302-1320