October 25, 2016 - Several co-owners of a building located in New Jersey are currently suing their syndicate of co-owners, who instituted a regulation restricting mixed bathing in the swimming pool.
The majority of the apartment owners who live in the building are Jewish Orthodox. In order to accommodate those who adhere to this religion, the Directors allowed mixed bathing only on Saturday, the Sabbath, and between 1 and 3 pm on other days of the week.
The complainants argue that this regulation is discriminatory and that it violates the Federal Housing Act and the New Jersey Law regarding discrimination. It should be noted that this lawsuit resulted from a fine imposed upon them by the syndicate after mixed bathing during prohibited periods.
The syndicate sent them a letter stating, "We are very comfortable with asserting the rights of a majority of co-owners. As a minority in the building, you cannot impose a rule on a majority of individuals. "
For their part, counsel for the complainants asserts that the pool by-law derives from religious law, which was nevertheless instituted by a secular board of directors. The case should be heard on November 4 next.
Montreal, October 25, 2016
Provided by: Lash / Condo Law
