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
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
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
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
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
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
Question: I own a unit in a “55 and over” community. I want to sell my property to an investor, who is under age 55, but will not become a resident (he plans to rent it out and has stated that he will rent it to an age-qualifying resident). The board wants to reject the… Continue Reading
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
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
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
Question: We live in a villa home. Our community has a private golf course and similar recreational facilities. Our local association has a “no pet rule.” We are told that the ADA requires us to permit pets even if we have a rule to the contrary. This does not make sense to me. Can you… Continue Reading
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
There is a 60 day delay on enforcement of ADA requirement for public access swimming pools around the country to install handicapped-accessible ramps or lifts. Condominiums and homeowners associations may have to comply, depending on the use of the pool.
A condominium association and its management company paid $20,000 to settle an emotional support animal accommodation case.
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
HUD charges another condominium association with discrimination as a result of its policies (and practices) related to service or accommodation animals.
Another lawsuit lodged against a condominium association claiming a Fair Housing Act violation for failing to make a reasonable accommodation. What is involved in determining whether an accommodation is reasonable?
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
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
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
Associations, community leaders and managers are often the target of housing discrimination claims. It is against Florida law to discriminate against anyone with respect to sale, rental or terms and conditions of housing based upon race, color, national origin, sex, handicap, familial status or religion. New HUD rules would expand the categories of persons entitled… Continue Reading
The Federal Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of… Continue Reading
The Federal Fair Housing Act (FHA) prohibits discrimination in any activities relating to the sale or rental of a dwelling because of race, color, religion, sex, handicap, familial status or national origin. The term ”familial status” is defined as one or more individuals (who have not yet attained the age of 18 years) being domiciled with a… Continue Reading
Pinellas County Assists Homeowner With Battle Against Homeowners Association Over Operation of Assisted Living Facility. HOA restrictions and covenants typically contain provisions limiting use of the property to a "single-family" residence. These use restrictions likewise typically prohibit any "business" or "commercial" use of the home. However, as discussed in other posts on this blog, enforcement of… Continue Reading