Age Discrimination Claims Against Condos & HOAs ("55 & Over" Housing)
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 parent or guardian or a designee of such parent. State statutes (Chapter 760, Florida Statutes) and local ordinances also regulate housing discrimination in regards to age, marital status, political affiliation, sexual orientation and other classifications. Adding "familial status" to the list of protected classifications made former "adults only" communities either apply for an exemption or change their practices.
The most common exemption is known as the Housing for Older Persons Act (HOPA) exception that applies to communities operating as “55 or over” housing. To qualify for this exemption, the following criteria must be met:
- At least 80% of the occupied units must be occupied by at least one resident over the age of 55;
- The community must publish and adhere to policies and procedures demonstrating an intent by the housing provider (the Association) to provide housing for persons 55 years of age or older.
- The community must engage in adequate age verification procedures and routinely determine the occupancy of each unit to update the community census; and - here in Florida
- The community needs to register with the Florida Commission on Human Relations and keep that registration current.
If the community does not qualify for the Housing for Older Persons exemption, it must allow families with children. It doesn't matter if there are no other children. It doesn't matter if the community doesn't have facilities for children or a place for them to play. A community in Orange City, Florida recently agreed to pay $415,000 in monetary damages and civil penalties after the court found that the defendants violated the FHA by engaging in a pattern or practice of discrimination against families with children. The Department of Justice prosecuted the lawsuit against the housing provider.
The Fair Housing Center of the Greater Palm Beaches recently filed suit against a condominium association in Boca Raton, Florida for familial status discrimination. The association first rejected a sale to a man with three children and later refused to approve a tenancy where two children were expected to live in the unit. Both governmental agencies and private fair housing advocacy groups use "testers" in support of discrimination claims.
If you're not sure your community is in compliance with the requirements of the Housing for Older Persons Act, please consult with legal counsel.
Condominium conversions became tremendously popular (because they were profitable) during the housing boom. Many old tired apartment buildings were converted to condominium ownership, remodeled and then the units sold. In some cases the developer substantially remodeled the building and improvements by updating plumbing and electrical systems, replacing the roof, replacing or modernizing elevators and "gutting" the interiors. In other cases the developer merely installed tile where there was carpet, upgraded the kitchen with fancy cabinets, stainless steel appliances and granite counter tops then painted before selling the units. If the developer of the conversion project funded converter reserves, unit purchasers are left without statutory warranties.
While the recall process is widely known, many community leaders are unaware of a process authorized by the Division of Florida Condominiums, Time Shares and Mobile Homes referred to as a "reverse recall".
How does your community address complaints? Is there a published procedure or is every complaint handled differently? Who has authority to handle the complaints? HOA Leader recently published an article with tips for handling homeowner complaints. Here is a link to one of the tips:
professor that was attacked and killed in his Plantation home. She filed a civil lawsuit Friday alleging negligence by the management company and condominium association - she claims those entities were supposed to conduct background checks on tenants.
Lawsuits Against Employers for Violations of the Fair Labor Standards Act & Other Employment Claims are on the Rise.
Community Leaders Can Challenge Property Tax Assessments With Board Resolution.
[Design professionals] have an obligation to design to meet code and protect the health, life & safety concerns of consumers. An error in design judgment can be devastating to a unit owner and homeowners that cause damages and in fact- economic damages. An elevator that fails to operate at the appropriate speeds and breaks down results in loss of use which is an economic loss. Imagine how this could impact elderly unit owners. A parking garage that is not properly shored up based on engineering calculations can result in economic loss. These consumers are largely lay persons that often sign agreements (presented by the professional) that contain limitation of liability clauses. .gif)
Condominium Associations can reduce their energy consumption costs by installing renewable energy devices and are in a position to possibly create a new revenue stream. Condominium Associations are uniquely positioned to take advantage of these rebates, cost saving techniques and possible new revenue streams as a result of Section 718.113(8), Florida Statues, which provides:
Total improvements and modifications lowered operating costs by more than $400,000.00 annually. How many of us would reject a 400% return on an investment?
eb. 8, 2007, the Bank of New York filed a mortgage foreclosure lawsuit against a unit owner, naming the Moorings at Edgewater Condominium Association, Inc. as an additional defendant in the case. The defaulting unit owner filed for bankruptcy on May 1, 2007, which resulted in an automatic stay of the foreclosure lawsuit. The unit owner surrendered the property and was discharged from bankruptcy several months later. The lender waited almost a year from the bankruptcy discharge to file its Motion for Summary Judgment, but never set that Motion for hearing, leaving the association in limbo.
Over 450 volunteer board members, professional community association managers and industry representatives listened intently to
OPPAGA Report Finds that Insureds Received Larger Insurance Settlements when Public Adjuster Involved in Claim. Florida Legislature Considers Additional Regulations Governing Solicitation by Public Adjusters.
What policies does your community have in place regarding the use, storage and operation of golf carts? Can owners ride the golf carts to the local convenience store, coffee shop or hair dresser? Adoption of a new proposal will allow local governments to create their own regulations governing the use of golf carts, which pleases many Condo & HOA owners. In Bradenton, Florida seniors listed golf cart usage as a priority, as the cost is insignificant and many of them have given up driving automobiles. 
Naples City Council Urged by
A motion for case management conference can be a useful tool on behalf of any association involved in a mortgage foreclosure action. In this motion, the association's counsel asks the court to establish reasonable deadlines to bring the case to conclusion, ultimately resulting in a foreclosure sale whereby either the mortgagee or another party will take title to the property. In instances where the association has already foreclosed and taken title to the property, and the mortgagee has filed its own foreclosure, the association may be able to simply consent and stipulate to a judgment and either bring about a sale or transfer of title much sooner. Particularly when the foreclosing party plaintiff is the mortgagee and the defendant owner is the association, and there are no other parties to the action.
2010 looks like it will be another active year in the foreclosure reform area. According to
Many community associations classify maintenance personnel and others as "independent contractors" to avoid withholding federal income tax, dealing with workers' compensation insurance and the belief that such classification insulates the association from liability..gif)