A unit owner claimed that she needed an emotional support animal because of a disability, and provided a doctor’s note to the condominium association supporting this need. The unit owner selected a dog as the emotional support animal, and as a reasonable accommodation the association agreed to allow the dog into a no-pet building.  The unit owner demanded the right to take the dog everywhere, including into the swimming pool, making various arguments and attaching various Fair Housing Act articles relating to the need to allow people with disabilities equal access to the property of an association.  Continue Reading Emotional Support Animal – Even the FHA Has Limits

Under the law in most states, and certainly in Wisconsin, the Board of your condominium association controls any changes to the exterior appearance.  This is generally based on a statute that can’t be changed even by the governing documents.  However, things are changing.  Across the country many laws are being passed that require the Board of Directors of various condominium associations to approve certain changes to the exterior.  This can range from artificial turf to solar panels.  In addition, the world is changing relative to emotional support animals, sexual harassment and security.  Continue Reading 2018 Condo & HOA Issues

There are some new HUD (Housing and Urban Development) Rules that went into effect October 2016 which may have a significant impact on Condominium and Homeowners Associations, and although we very much dislike these new Rules for the reasons set forth below, it is important for Associations to be aware of these new liability traps.

The new HUD Rules state that there are two types of harassment (Quid Pro Quo and Hostile Environment) that are now recognized and identified by the FHA (Fair Housing Act). Continue Reading You Can’t Simply Look the Other Way—New HUD/FHA Rules that Affect Your Associations

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