Whether an HOA may require intrusive medical record disclosure as a condition for a reasonable accommodation exemption from a mask mandate under the Fair Housing Act

QUESTIONS PRESENTED 1. For purposes of receiving a reasonable accom; modation and/or an exemption, from a homeowners association (HOA) mask mandate, may the HOA require voluminous and intrusive disclosure of a homeowner’s medical records, diagnosis, prognosis, treatment, take the deposition of his medical doctor, all of which is well beyond what is prescribed in the HOA’s mask rule, that of the Executive Order of the Governor of the State of Colorado, the requirements and safeguards provided : and afforded under the Fair Housing Act 42 U.S.C. § 3604 (FHA) together with the Joint Statement of the Department of Housing and Urban Development and the Department of Justice Reasonable Accommodations under the Fair Housing Act? 2. Further, in the case at bar, the HOA’s affirmative claims were mooted by the trial court, should the compulsory counterclaims also be mooted and dismissed with the judgment vacated? Similar to the issues in 23-621 Lackey v. Stinnie Whether a party must obtain an enduring change in the parties’ legal relationship from a judicial act, as opposed to a nonjudicial event that moots the case, to prevail under 42 U.S.C. § 1988. 3. In the alternative, since Mr. Schwartz prevailed upon all claims brought by the HOA affirmatively against him, is he entitled to his reasonable attorney: fees and costs per the HOA’s Declarations, Colorado Common Interest Ownership Act C.R.S. § 38-33.3-123, and the Fair Housing Act 42 U.S. Code § 3613(1)(c)(2) regardless of the outcome of his counterclaims? Also, : : similar to the issues presented in 23-621 Lackey v. ; ii Stinnie Mr. Schwartz is entitled to his reasonable attorney fees and costs. iii . LIST OF PROCEEDINGS Colorado Supreme Court No. 2023SC960 . Gabriel N. Schwartz, Esq., Petitioner v. Beauvallon Condominium Association, Inc., Respondent. Date of Final Opinion: May 28, 2024 Colorado Court of Appeals . No. 22CA1474 Beauvallon Condominium Association, Inc. Plaintiff; Appelee, v. Gabriel N. Schwartz Date of Final Order: April 11, 2024 Denver District Court No. 2020CV553 Beauvallon Condominium Association, Inc. Plaintiff, v. Gabriel N. Schwartz, Esq, Defendant. Date of Final Order: July 15, 2022 County Court, City and County of Denver No. 20C00851 : Beauvallon Condominium Association, Inc. Plaintiff, v. Gabriel N. Schwartz, Esq., Defendant. Date of Final Order: November 16, 2020 : iv