Miami Partner Haley Kornfield and Associate Raphael Marjenberg successfully defended a condominium association against a unit owner’s allegations that the association discriminated against them based on disability and religion.
A complaint was filed by the Complainants in April 2025 alleging our client, the Respondents, subjected them to discriminatory terms and failed to provide reasonable accommodation due to disability and religion. They claimed that their parking spots were reassigned further from their unit and that their accommodation requests were repeatedly denied. They also alleged that the association president targeted certain residents based on religion and questioned the legitimacy of a disability. The complaint included claims of physical altercations and cited statutes under both federal and Florida Fair Housing Acts.
Ms. Kornfield and Mr. Marjenberg demonstrated that the Respondents’ parking policies were neutral, consistent, and applied equally to all residents. The board’s authority to regulate parking was supported by the Declaration of Condominium, which allows one assigned parking space per unit, with the possibility of a second at the board’s discretion. The Complainants were found to have repeatedly violated parking rules by occupying multiple spaces, often beyond what was assigned to their unit.
The Respondents provided the Complainants with one of the largest and most accessible parking spaces near the main entrance and accessibility ramp, specifically to accommodate their needs. Requests for additional accommodations required proper documentation, which the Complainants failed to provide until late in the process. All changes in parking assignments were made objectively and without regard to religion or disability.
The Florida Commission on Human Relations investigation reviewed all elements required to substantiate claims of discriminatory terms, services, and failure to provide reasonable accommodation and concluded there was no reasonable cause to believe that any discriminatory housing practice occurred.
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