When Tensions Rise: Navigating Accusations of Harassment or Discrimination in HOA Communities

In most homeowner associations, daily life moves along without incident: neighbors greet each other, board members volunteer their time, and management companies keep the wheels turning. But occasionally, tensions escalate—and accusations of harassment or discrimination emerge. These are serious claims that carry legal and emotional weight for everyone involved.

At Onyx Capital Management, we’ve seen how these situations affect communities—and we believe the best approach is always rooted in clear communication, respect for due process, and a commitment to fairness for all parties.

When Accusations of Harassment or Discrimination Are Made, Communication Will (and Should) Change

Once a homeowner alleges harassment, discrimination, or retaliation—whether directed at board members, the management company, or other neighbors—communication often shifts. This isn’t about stonewalling or secrecy; it’s about legal prudence.

• Boards and management companies have a duty to protect the association as a corporate entity.

• This typically means involving legal counsel early to ensure that responses are fact-based, non-retaliatory, and compliant with fair housing and civil rights laws.

• Communications may become more formal or limited, not as a sign of guilt—but as a measure to prevent liability and protect all parties.

This can feel frustrating for homeowners seeking fast answers, but transparency doesn’t mean exposure to legal risk. Sometimes, silence is the sound of responsibility.

Before You Accuse: A Checklist for Concerned Homeowners

If you're feeling targeted or unfairly treated by your board or management company, take a step back and review the situation through this lens:

✅ Am I following the community’s rules and regulations?Sometimes enforcement feels personal—but is it actually a matter of documented noncompliance?

✅ Am I asking for private or privileged information?Homeowners do not have the right to know which other residents have been fined or warned. That data is protected, even when enforcement appears uneven.

✅ Have I reported other violations I’ve witnessed, or just cited them to defend my own actions?Selective outrage can weaken credibility. If you're genuinely concerned about community standards, consistency matters.

✅ Have I received adequate communication and documentation about my violation or concern?Sometimes what feels like “harassment” is actually a series of formal reminders, notices, or enforcement letters—required by law or policy.

✅ Have I asked for a meeting, or exhausted appeal channels?Most associations offer opportunities to be heard before penalties are enforced.

If, after reviewing these points, your concerns still feel discriminatory or retaliatory in nature, it's appropriate to bring them forward—but doing so with clarity, civility, and an open mind can improve outcomes for all.

The Other Side of the Coin: Overzealous Enforcement

Not all conflicts start with a homeowner. In some cases, board members—often well-meaning volunteers—become too aggressive in their pursuit of "the perfect community." This might look like:

• Targeted inspections or enforcement against a small number of households

• Expanding the scope of rules beyond what the governing documents allow

• Micro-managing the management company or directing them to carry out personal agendas

• Refusing to hear appeals or dismissing concerns raised by residents

This is when it's the board’s duty to self-regulate, step back, and remember that an HOA is a community, not a courtroom.

Management companies like Onyx serve under the direction of the board, but we are not enforcers of favoritism or personal bias. If we believe actions being taken are improper or legally risky, we will advise the board accordingly—and in some cases, recommend involving outside counsel or mediators.

Where Does Management Draw the Line?

Management companies must:

• Follow written rules, procedures, and instructions from the board

• Provide professional advice and flag problematic behavior

• Remain neutral when disputes arise between homeowners and board members

• Avoid taking enforcement action without clear board direction and documentation

However, we cannot:

• Enforce rules unequally or based on board pressure

• Take sides in interpersonal conflicts

• Act against our fiduciary duty to the association

If things go too far, management has the right—and obligation—to step away, especially if we are being asked to act unethically or illegally.

What If Your Governing Documents Are Outdated or Biased?

This is more common than you’d think. Many HOAs are still governed by documents written decades ago, often with vague language or outdated enforcement provisions. In some cases, these documents contain clauses that are no longer legal—such as:

• Restrictions on renting that violate fair housing laws

• Outdated language related to family status, gender, or race

• Lack of modern due process for hearings or appeals

What Can a Community Do?

• Conduct a full review of bylaws, declarations, and rules with legal counsel

• Form a documents committee of residents and board members to recommend changes

• Amend governing documents through the formal vote process, with attorney guidance

• Create written enforcement procedures that align with state law and modern community standards

At Onyx, we often facilitate this process, bringing in legal partners and helping associations modernize their documents to reflect today’s values and compliance requirements.

Final Thoughts

Conflict is inevitable in community living—but escalation is not. Whether you’re a homeowner feeling unfairly targeted or a board member unsure how to proceed with enforcement, the best path forward involves communication, documentation, fairness, and professional guidance.

At Onyx Capital Management, we’re here to help communities thrive—not by taking sides, but by helping everyone understand their rights, their responsibilities, and the best ways to move forward.

Need help navigating a sensitive situation in your HOA?

Contact Onyx Capital Management today. Let’s work together to bring clarity, fairness, and long-term solutions to your community.