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 […]
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
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.
If your condominium association documents include restrictions on occupancy (how many people can reside in a unit), be aware of what the federal law states on the issue to avoid potentially costly lawsuits brought by disgruntled unit owners. While it is legal for a condominium association to adopt and enforce occupancy policies, those rules (and
Enforcing Occupancy Requirements in Your Condominium Read More »
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.
You Can’t Simply Look the Other Way—New HUD/FHA Rules that Affect Your Associations Read More »
Davis v. Echo Valley Condominium Association, No. 17-12475 (E.D. Mich. Nov. 7, 2018) Summary The Eastern District of Michigan court held that a smoking ban demanded by a disabled owner was an unreasonable accommodation for purposes of the Fair Housing Act since the measure was not approved by the owners, and the Association was powerless
Smoking Ban Was An Unreasonable Request Read More »
