If your condominium association documents include restrictions on occupancy (how many people can reside in a unit), be aware of what the federal law states on the issue to avoid potentially costly lawsuits brought by disgruntled unit owners.

While it is legal for a condominium association to adopt and enforce occupancy policies, those rules (and enforcement of the rules) must be reasonable and in compliance with state laws and local ordinances. If they are not, the rules run the risk of being found discriminatory based on familial status under the federal Fair Housing Act. The act prohibits discrimination on the basis of (among other things) familial status, which means the presence of children in the family. Continue Reading Enforcing Occupancy Requirements in Your Condominium

Non-action may no longer be a safe choice. In October of 2016, the United States Department of Housing and Urban Development (“HUD”) added certain provisions to the Fair Housing Act (“FHA”) which impose additional liability for condominium associations, homeowners associations, and landlords based on non-action.

One of the main additions to the FHA was the inclusion of a prohibition of quid pro quo harassment. Under the new provision, it is illegal to request or demand conduct in exchange for the sale or rental of a unit or dwelling, the provision of services for a unit, or the terms or conditions of residing in a unit. Continue Reading FHA Update