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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Discrimination/Fair Housing

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Regulating Vicious Breeds Of Pets Not Uncommon in HOAs

Posted in Covenant Enforcement/Violations, Reader Q&A, Rules & Regulations, Service Animals/Emotional Support Animals

Question: I am a tenant in a community with a homeowners’ association. The association’s recorded documents say that each home may have no more than two dogs. There are no additional restrictions on size or breed of the two dogs found in the recorded documents. However, the lease application I was asked to complete asks… Continue Reading

Support and Service Animals Present Thorny Legal Issues for Condominiums

Posted in Covenant Enforcement/Violations, Discrimination/Fair Housing, Reader Q&A, Rules & Regulations, Service Animals/Emotional Support Animals

Question: Our condominium building has two guest suites that can be rented by an owner for use by the owner’s overnight guests. Our declaration limits pets to 35 pounds in owners’ units and prohibits animals in the guest suites. We recently had a situation where a guest wanted to bring an emotional support animal into… Continue Reading

Handicap Parking Space Requirements Subject to a Variety of Laws

Posted in Disability, Discrimination/Fair Housing, Reader Q&A, Reasonable Accommodations or Modifications

Question: How many handicapped parking spaces is our community required to have, where must they be placed and what local, state or federal law governs? J.B. (via e-mail) Answer: The requirements for handicapped parking spaces in any community can vary greatly depending on the age of the community, the type of community, the number of… Continue Reading

Listen live Tuesday – Condo & HOA Issues WLRN 91.3 FM with attorney Donna DiMaggio Berger

Posted in Hurricane/Disaster Issues, Legislation, Service Animals/Emotional Support Animals

Community Association attorney and blogger Donna DiMaggio Berger will be the featured guest on WLRN radio show, Topical Currents at 1 pm, Tuesday December 2, 2014.  Donna will be discussing topics that can affect all types of community associations including emotional support and service animal requests, rental and sale restrictions, 55+ communities, material alterations and… Continue Reading

CALL Alert: ADA Tester Lawsuits and Sprinkler Opt Out Votes

Posted in CALL Alert, Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications

We have recently been receiving information about some resort-type private communities who are being sued by an ADA Tester who visits these private communities and  claims that he has been denied full and equal access and full and equal enjoyment of the facilities, services, goods and amenities within the community. Since some private communities provide… Continue Reading

Community Update 2014, Volume 7 & 8

Posted in Community Update, Discrimination/Fair Housing, Official Records

Here it is – our Special Legislative Issue of Community Update. This year CALL had significant impact on the new laws and published detailed guides to the legislation.  Click HERE if you want to receive the Legislative Guide applicable to your community.  The guide includes video, insight into the laws and recommended actions for your… Continue Reading

Condo or HOA breed restrictions don’t apply in fair housing accommodation requests

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

There has been press about a case pending in Miami-Dade County over whether an owner is entitled to keep a dog in his unit as a reasonable accommodation for his disability. Issues concerning service and emotional support animals are highly charged and can result in significant liability for an association. As we have discussed in… Continue Reading

Donna DiMaggio Berger Interviewed on Topical Currents on WLRN: Condominium And Homeowner Association Call-In Program

Posted in Legislation, Service Animals/Emotional Support Animals

On Tuesday, June 14th, 2014,  Topical Currents was an “At Your Service” edition, with community association attorney, Donna Berger. After returning to the law firm Becker & Poliakoff, she has been working to create new initiatives for community associations as well as addressing service animals and emotional-support animal requests in communities. Click here to listen to… Continue Reading

Legislative Session Update Week 6 — CALL Alert for April 11, 2014

Posted in CALL Alert, Legislation, Service Animals/Emotional Support Animals

As week 6 comes to an end, everyone is looking forward to a “mini-break” in the action next week.  The House and Senate have decided not to meet next week because of the Passover and Easter holidays.  However, we all know that it’s not really a break and there will be much strategizing and behind… Continue Reading

Good News on Community Association Bill and Service Animal Bill — CALL Alert for April 8, 2014

Posted in CALL Alert, Legislation, Service Animals/Emotional Support Animals

I am excited to tell you about new developments on two of the bills that CALL is tracking and actively working on during this legislative session. First, HB 807, by Rep. Moraitis, will be amended to include language to overrule the Aventura Management, LLC v. Spiaggia Ocean Condominium Association case which was discussed in a… Continue Reading

Accommodation Requests Under the Fair Housing Act: Live Webinar on March 18

Posted in Discrimination/Fair Housing, Events, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

Is your HOA or condo board seeing more and more requests for exceptions to your pet rules?  What about requests for specific parking spots or deviations from your architectural rules? Afraid saying no to any request will trigger a costly and stressful discrimination complaint against your HOA? Take charge of the process for handling requests… Continue Reading

Broward Condos & HOAs subject to new screening regulations

Posted in Discrimination/Fair Housing, Fiduciary Duty of Board of Directors

    On September 10, Broward County Commissioners adopted changes to the local Human Rights Ordinance after hearing testimony of community leaders largely united in opposition thereto.  BrowardCounty’s Human Rights Ordinance already prohibited discrimination in housing and employment practices.  It already included protections beyond the Florida Statutes and Federal Law.  For example, the Ordinance prohibits… Continue Reading

Screening potential purchasers or tenants in Broward County

Posted in Discrimination/Fair Housing, Land Use and Government Issues

A proposed change to the Broward County Human Rights ordinance impacts how your association will process applications for transfer (sale or lease) approval. Compliance with federal, state and local fair housing laws is mandatory and thus community leaders must become familiar with what the law prohibits. The Broward County Human Rights Ordinance prohibits discrimination in… Continue Reading

HUD issues memo to housing providers regarding service animals and assistance animals for disabled persons

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

 Fair Housing accommodation cases receive a lot of press.  It seems like there are more and more cases all the time, most of which are resolved at the investigative/agency level than actually filed in court or go to trial.   HUD issued a memorandum reminding housing providers of their obligations pursuant to the federal laws with… Continue Reading

Individual Liability for Fair Housing Claims?

Posted in Discrimination/Fair Housing

How do you handle applications for sale or tenancy approval?  Who conducts the interview (if your community does interviews)?  Who notifies the applicant whether the board has approved or rejected the transaction? What information or criteria is evaluated and how does the board decide whether to approve or reject a transaction? Is the person that notifies the… Continue Reading

Do Associations Have to Allow Use of Medical Marijuana if Requested as a Reasonable Accommodation?

Posted in Discrimination/Fair Housing

Association leaders and managers must comply with federal and state anti-discrimination laws.  That’s a given. Association leaders and managers, therefore, cannot enforce certain policies and procedures when a resident (prospective resident or someone associated with a resident) is entitled to an accommodation due to disability.  Persons suffering from various medical, mental and emotional conditions can meet the… Continue Reading

Failing to Handle Requests for Reasonable Accommodations (Emotional Support Animals) Appropriately has Consequences

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

The case against a condo association in Century Village reported by the Sun-Sentinel prompted me to alert readers of the consequences associated with violations of state and federal fair housing laws. If you aren’t familiar with the case click HERE for the most recent article.  In short, Broward County filed a lawsuit against the condominium association for discrimination and… Continue Reading

Lions, Tigers & Bears, Oh My! The Difference Between Service Animals & Emotional Support Animals

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

Which Controls – the ADA or FHAA? The ADA prohibits discrimination by private entities such as hotels, motels, inns, and other “places of public accommodation.” Discrimination under the ADA includes the failure to remove architectural and communication barriers that are structural in nature in existing facilities where such removal is readily achievable. Title III of the… Continue Reading