United States v. The Links South at Harbour Village Condominiums Association, Inc.
Ponce Inlet, Volusia · federal · United States District Court for the Middle District of Florida
HOA loss · fair-housing
What happened
Charlie Burge, with upper-respiratory disabilities linked to post-9/11 World Trade Center cleanup work, kept shoes outside his Links South (Ponce Inlet) unit to avoid tracking allergens indoors. After rule-violation notices, counsel sent a reasonable-accommodation request with medical documentation. The association repeatedly demanded more information rather than granting the request. HUD charged discrimination; DOJ sued in October 2021. On December 10, 2021, a consent order required $40,000 to Burge, granting of the accommodation, nondiscrimination and RA policies, training, and periodic reporting.
What the court (or agency) held
Association lost via consent order. It agreed to pay $40,000, grant the shoes-outside-door accommodation, adopt policies, train, and report—resolving the United States’ disability RA claims without a trial verdict.
Why this matters for members
Reasonable accommodations are not limited to animals or ramps—disability-related rule exceptions (here, shoes outside a door) count. Endless ‘need more info’ loops can be treated as constructive denials and draw DOJ consent orders.
What the member did
Submitted a written reasonable-accommodation request with medical documentation and pursued a HUD complaint that led to DOJ enforcement.
Questions for the board
- When an owner submits medical support for a rule exception, what is the written decision deadline?
- Who is authorized to grant RA requests without serial follow-up questionnaires?
- Are violation notices paused while an RA request is pending?
- What RA policy and training are currently in force?
Questions for a lawyer
- On these facts, does repeated information-demanding constitute constructive denial under the FHA?
- What injunctive and monetary terms did the Links South consent order impose?
- How should medical nexus documentation be evaluated without over-asking?
- What reporting period and policy adoption deadlines apply under the order?
Citation
United States v. The Links South at Harbour Village Condominiums Association, Inc., No. 6:21-cv-1682-GAP-EJK (M.D. Fla.); consent order entered Dec. 10, 2021 (2021-12-10). United States District Court for the Middle District of Florida. Outcome chip: AG/consent. Source: https://www.justice.gov/crt/case/united-states-v-links-south-harbour-village-condominiums-association-inc-md-fla
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.