New York House - Can homeowner association bar worship at its clubhouse? Religious group alleges fair-housing violation

Unless and until state constitutional protections apply to large HOAs, banning religious activity in the common areas probably will be allowed. The Twin Rivers case could begin to change that.

Until 2004 the Savanna Club Worship Service Inc. conducted its worship services in the Savanna Homeowners Association clubhouse or common areas. But the homeowner association received numerous complaints from its members regarding use of the common areas for religious services. One of the reasons for the complaints was such usage was contrary to the stated purpose of making the common areas available for use and enjoyment of the members of the association. After receiving numerous complaints, the association conducted an informal vote of its members. They voted 714 to 434 to prohibit religious services in their common areas. As a result, the association adopted a rule that "No portion of the common areas of Savanna Club may be used for any religious service." Following enactment of the rule, the worship club continued holding its services. But the homeowner association filed a court petition for mediation. Following mediation, the club stopped holding its religious services in the common areas. The worship club then brought this lawsuit against the Savanna Club Homeowners Association, alleging the rule barring religious services violates the federal Fair Housing Act. If you were the judge would you rule the homeowner association rule barring religious services in the common areas violates the Fair Housing Act?

The judge said no!