Saying No to Religious Artifacts May Violate Federal Law

 Can a homeowners association preclude unit owners from installing a mezuzah or other religious artifact outside of its unit?  Maybe not, says a federal appeals court in the 2009 case,  Bloch v  Shoreline Towers Condominium.

This federal appeals court decision ruled that the Federal Housing Act may preclude rules that do not allow these religious objects to be displayed outside of a residential unit, such as on a doorpost or on a door. 

The case marked a change from earluier decisions that suggested that federal housing law protection may not apply to discrimination after a purchase.  In this appeals court decision, the Court held that, depending on the facts, saying no to a mezuzah or other religious object outside of a unit (in the case of a mezuzah on a door frame) may violate federal law, resulting in stiff monetray damages and attorenys fees.

This federal decision technically does not apply to New Jersey.   But, it stands as a strong indication that such prohibitions may likely be illegal here as well.

My advise to Boards: just don't say no.

Lieberman & Blecher represents homeowner and condomimium associations throughout New Jersey. www.liebermanblecher.com