Can enforcement of a rule, regulation, practice or procedure that is completely neutral on its face create liability for discrimination? The U.S. Supreme Court said “yes” today in the case of Texas Dep’t of Housing and Community Affairs v. The Inclusive Communities Project. The Inclusive Communities Project (ICP) claimed that awarding the bulk of low-income… Continue Reading
I am going to preface this blog post by stating that there are individuals who struggle with emotional disabilities and who can legitimately benefit from the use of an emotional support animal. However, this blog post is not about those people. Unfortunately, those of us who live in shared ownership communities, serve on their boards… Continue Reading
Question: In a condominium that permits short term rentals, must the property be ADA compliant and who must make these modifications or alterations? J.B. (via e-mail) Answer: This is an extremely complex area of law. Important additional facts would include when the building was constructed, how many units are rented out on a short term… Continue Reading
Question: Our documents restrict residents in our community to individuals who are 55 years of age or older. There is a married couple, both of whom are under 55 years of age, that would like to live in our community. We understand that there can be exceptions to the 55 and over requirement as long… Continue Reading
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
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
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
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
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.