Gabriel N. Schwartz v. Beauvallon Condominium Association, Inc.

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 private/confidential 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?

Further, in the case at bar, the HOA’s affirm­ ative claims were mooted by the trial court, should the compulsory counterclaims also be mooted and dis­ missed 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 non­ judicial event that moots the case, to prevail under 42 U.S.C. § 1988.

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(l)(c)(2) regardless of the outcome of his counterclaims? Also, similar to the issues presented in 23-621 Lackey v.