United States v. Creekside Condominium Owners Ass'n
federal · United States District Court for the District of Colorado
HOA loss · pets-animals
What happened
HUD investigated a November 2017 complaint that Creekside Condominium Owners Ass’n refused for months to allow a resident to live with an emotional support dog under a no-dogs regime and related retaliation allegations involving Jason Neilson and Kirsten Swick. HUD issued a charge; the matter was elected to federal court. The United States filed suit about January 2, 2020. On January 7, 2020, the district court entered a consent order requiring $50,000 in damages, a written apology to complainants distributed to owners, adoption of a new reasonable-accommodation/assistance-animal policy, and fair-housing training (order term described as three years in contemporaneous reporting).
What the court (or agency) held
HOA lost via consent order (no contested trial judgment on liability). Creekside agreed to pay $50,000, apologize in writing to the HUD complainants, adopt RA/assistance-animal policies, and train—resolving the United States’ FHA disability-accommodation/retaliation claims.
Why this matters for members
Condo ‘no dogs’ rules still require a real, timely reasonable-accommodation path for assistance animals. Months of refusal plus retaliation risk can escalate from HUD charge to DOJ consent order with money, apology, and policy mandates.
What the member did
Residents filed a HUD housing-discrimination complaint that led to a charge and DOJ enforcement.
Questions for the board
- What written process exists for assistance-animal requests, and what information may lawfully be requested?
- How quickly are ESA/RA requests decided, and who issues written approvals/denials?
- Does any no-pet rule still treat assistance animals as pets subject to fees or bans?
- What training have board members completed on FHA disability accommodations?
Questions for a lawyer
- What does the Creekside consent order require for policy language and training duration?
- How should owners document delayed or denied ESA requests for HUD complaints?
- What retaliation risks arise if the board pursues enforcement after an accommodation request?
- Are settlement amounts and apology requirements typical markers in DOJ ESA decrees?
Citation
United States v. Creekside Condominium Owners Ass'n, No. 1:20-cv-00007 (D. Colo.); consent order entered Jan. 7, 2020 (2020-01-07). United States District Court for the District of Colorado. Outcome chip: hoa_loss. Source: https://www.justice.gov/d9/case-documents/attachments/2020/01/07/creekside_settle_final.pdf
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.