Federal Housing Administration

Let’s face it, 2020 was rough and not everyone was nice about it.  Hate crimes have increased dramatically over the last six years.  Heightened political tensions have led to family quarrels and neighbor-to-neighbor feuds.  And to top it all off, the COVID pandemic and corresponding lockdowns has made most of us a little stir crazy.

Where does this leave community associations?  Associations have a duty to protect residents from a hostile environment and can be held responsible for the actions of its board members, employees, and residents.  (To learn more on hostile environment and Association liability, click HERE.)

So what’s a community association to do?  GET EDUCATED AND TAKE ACTION!
Continue Reading Education, Education, Education – Overcoming Harassment, Racism and Hostility in Community Associations

In Welsh v. McNeil, 162 A.3d 135 (2017) a board member and unit owner (“Board Member”) sued another unit owner (“Landlord Unit Owner”) for violation of the Association documents claiming that the Landlord Unit Owner violated the leasing provisions by allowing someone (the “Tenant”) to occupy the premises who was not on the lease.  The lease was only to an unincorporated entity, and did not name who would be occupying the premises.  Before suit was filed the Landlord Unit Owner and Tenant asked the Board to waive the bylaw provision as a reasonable accommodation under the Fair Housing Administration (“FHA”) to afford recovering alcoholics an equal opportunity to use and enjoy a single family dwelling of their choice.
Continue Reading Can Your Association End a Unit Owner’s Suit by Post-Suit Filing Actions?

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

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