An owner recently filed a complaint against the homeowners association in which she lives claiming that the association had discriminated against her by taking legal action to collect delinquent assessments. The association had tried for several years to collect delinquent assessments from the owner, who is disabled. After normal collection proceedings were unsuccessful, the association foreclosed its lien. The association and the owner eventually entered into an agreement for the payment of assessments, and the foreclosure was stopped. However, the owner filed a complaint with the Colorado Civil Rights Division (CCRD) claiming that she had been treated differently than other owners because of her disability.
 
With the help of good records from the association and the association’s written collection policy, we were able to have the CCRD’s charge against the association dismissed. We were able to show CCRD that the association followed a written collection policy to pursue delinquent owners in a consistent manner. The association’s records and minutes proved that the association had commenced collection actions, including foreclosures, against other owners with similar delinquencies. CCRD, in its decision, relied heavily on these records and the written collection policy in determining that there was no basis for the owner’s discrimination charge.
 
We encourage all associations to keep good records of Board actions, treat all owners fairly and consistently, know about the fair housing laws, and follow its policies. Doing so greatly enhances the chances that the association can defeat any discrimination charges that may be brought against it.