The Washington State Court of Appeals recently ruled that homeowners' associations (HOAs) can be held accountable for discriminatory enforcement of their rules and covenants. This decision, made on July 21, 2026, affects homeowners across the state, particularly those who may face discrimination based on race. The ruling clarifies that the Washington Law Against Discrimination (WLAD) applies to the actions of HOAs, allowing for further proceedings in a case involving a Black homeowner, Joseph Mitchell, who alleged that he was treated unfairly due to his race.
The case, Washington State Human Rights Commission v. Summerwalk Homeowners’ Association, No. 61643-2-II, began when the Washington State Human Rights Commission filed a complaint against Summerwalk Homeowners’ Association, J & M Management LLC, and Xiomara Montes. The Commission alleged that the HOA discriminated against Mitchell by enforcing its rules in a way that treated him worse than other homeowners because of his race. This complaint was based on the assertion that the HOA's actions were related to a real estate transaction, which falls under the jurisdiction of WLAD.
The dispute arose after an administrative law judge (ALJ) dismissed the Commission’s claim, stating that the enforcement of HOA rules did not relate sufficiently to a real estate transaction as defined by WLAD. The Commission appealed this decision, arguing that the ALJ misinterpreted the law regarding the scope of discrimination protections under WLAD.
The Court of Appeals ruled in favor of the Commission, reversing the ALJ's decision and remanding the case for further proceedings. The court held that the discriminatory enforcement of HOA rules is indeed prohibited by WLAD. The ruling emphasized that the law's protections extend beyond the initial sale or rental of property and include ongoing relationships and interactions between homeowners and their associations.
In the opinion, the court stated, “We hold that the plain language of RCW 49.60.222(1)(b) includes Summerwalk’s enforcement of its CC&Rs against Mitchell.” This ruling affirms the Commission's authority to investigate claims of discrimination related to the enforcement of HOA rules, which can significantly impact homeowners who may face unfair treatment.
This decision is important as it reinforces the principle that discrimination in housing is not limited to the transaction of buying or renting a home. It highlights the ongoing responsibilities of HOAs to treat all homeowners fairly, regardless of race or other protected characteristics. The ruling aims to ensure that homeowners like Mitchell can seek remedies for discriminatory practices that affect their living situations.
The impact of this ruling extends beyond the immediate case. It sets a precedent for how discrimination claims against HOAs will be treated in Washington state. Homeowners now have a clearer path to challenge discriminatory practices and seek justice when they believe they have been treated unfairly due to their race or other protected statuses.
Moving forward, the case will return to the lower court for further proceedings, where the Commission will have the opportunity to present its evidence and arguments regarding the alleged discrimination against Mitchell. The ruling opens the door for a more thorough examination of the practices of HOAs and their compliance with anti-discrimination laws.
As for the possibility of an appeal, it remains to be seen whether Summerwalk or the other respondents will seek further review of the Court of Appeals' decision. However, the ruling currently stands as a significant step forward in the fight against discrimination in housing and the accountability of homeowners' associations in Washington.