Saturday, September 7, 2013

HOA's beware of potential costs for violating disabled homeowner's access to common areas!

A violation of the Unruh Civil Rights Act occurs when anyone denies, aids or incites a denial or makes any discrimination or distinction contrary to §51 or §51.5. The penalty for each offense is actual damages, in an amount that may be determined by the court or jury, and punitive damages up to a maximum of three (3) times the amount of actual damages, and attorneys fees. A party can also obtain preventive relief, including a temporary or permanent injunction or restraining order, against persons engaged in conduct of resistance to the full enjoyment of the rights afforded under Civil Code §51 or §51.5.

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