Harassment

FHA Update

Non-action may no longer be a safe choice. In October of 2016, the United States Department of Housing and Urban Development (“HUD”) added certain provisions to the Fair Housing Act (“FHA”) which impose additional liability for condominium associations, homeowners associations, and landlords based on non-action. One of the main additions to the FHA was the […]

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Can an Association’s Denial of a Valid Emotional Support Animal Request Create a Hostile Environment?

A Board’s blatant mishandling of an emotional support animal request led to the owner not only having a Fair Housing claim against the Association for wrongful failure to provide a reasonable accommodation, but also a claim for third-party harassment when the Association failed to step in and stop other unit owners from blasting the owner

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Education, Education, Education – Overcoming Harassment, Racism and Hostility in Community Associations

Let’s face it, 2020 was rough and not everyone was nice about it.  Hate crimes have increased dramatically over the last six years.  Heightened political tensions have led to family quarrels and neighbor-to-neighbor feuds.  And to top it all off, the COVID pandemic and corresponding lockdowns has made most of us a little stir crazy.

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Tenants Due Process Rights are NOT the same as Owners Rights

Harbour Island Condominium Owners Association, Inc. v. Alexander, No. B285755 (Cal. Ct. App. Jan. 24, 2019) Summary In Harbour Island, the Court of Appeals of California held that tenants renting a unit that was part of a condominium association did not have standing before the board concerning meeting attendance and fines imposed for violations. The

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You Can’t Simply Look the Other Way—New HUD/FHA Rules that Affect Your Associations

There are some new HUD (Housing and Urban Development) Rules that went into effect October 2016 which may have a significant impact on Condominium and Homeowners Associations, and although we very much dislike these new Rules for the reasons set forth below, it is important for Associations to be aware of these new liability traps.

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