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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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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

HUD Proposes Rule to Prohibit Housing Discrimination Based on Sexual Orientation or Gender Identity

Posted in Discrimination/Fair Housing

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

Condos & HOAs: It Pays NOT to Discriminate – Case Examples

Posted in Discrimination/Fair Housing

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

Age Discrimination Claims Against Condos & HOAs (“55 & Over” Housing)

Posted in Disability, Discrimination/Fair Housing, Housing for Older Persons (55 and Over), Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

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

Do Group Homes & Assisted Living Facilities Violate HOA Covenants & Restrictions?

Posted in Covenant Enforcement/Violations, Discrimination/Fair Housing, Operations

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

55 & Over Housing: What is the 80/20 Rule?

Posted in Discrimination/Fair Housing, Housing for Older Persons (55 and Over)

55 & Older Housing  – what does that mean? The Federal Fair Housing Act prohibits discrimination because of race, color, religion, sex, handicap, familial status or national origin.  Many States have their own Fair Housing Act – in Florida Chapter 760 of the Florida Statutes is dedicated to discrimination issues that expand the protection to age and… Continue Reading