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Action 9 goes to work for disabled vet denied a mailbox (FL)

A disabled veteran claims he can’t get mail at a condo he’s renting because the association only allows owners to use the mailboxes. Todd Ulrich asks if the condo association has gone too far and what rights renters have. Every

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Man alleges Key Colony Homeowners Association failed to pay overtime (FL)

A man alleges he was wrongfully denied overtime pay by his Key Biscayne employer.  Alberto Montes De Oca filed a complaint on March 31 in the U.S. District Court for the Southern District of Florida against Key Colony Homeowners Association

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What’s the Fair Housing Act?

The Fair Housing Act protects people from discrimination. HOAs are “housing providers” under the Act – they may not discriminate against certain classes of people. Associations who do discriminate risk lawsuits and large fines.  Few associations discriminate on purpose, but

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What Community Associations Should Know About the Fair Housing Act

Community association board members and managers are often so preoccupied ensuring compliance with state and local laws that they can sometimes overlook controlling federal law. Multiple federal statutory acts can apply to community associations in any given situation and overlooking

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Obscure Regulation Halts Reverse Mortgages, FHA Lending in Some Towns

Thanks to the abrupt enforcement of a decades-old regulation that the Federal Housing Administration had seemingly ignored, consumers looking to buy homes or take out reverse mortgages in some 55+ communities have had their FHA loan applications rejected at the

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When Does the Americans With Disabilities Act Apply to Community Associations?

Community association board members and managers are often so preoccupied ensuring compliance with state and local laws that they can sometimes overlook controlling federal law. Multiple federal statutory acts can apply to community associations in any given situation and overlooking

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Former employees accuse Bal Harbour Tower Condominium Association (FL) of labor code violations

A Miami-Dade County employer is accused of not paying overtime wages to two former employees.  Berkant Hakli and Karim Laroussi filed a complaint on behalf of others similarly situated on Feb. 1 in the U.S. District Court for the Southern

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Avoiding Discrimination and Its Legal Consequences: The Power of Equality

Despite the fact that most people would agree that discrimination is a bad thing, discrimination persists, which suggests either that existing laws against it are sometimes ignored, or that the legal definition of ‘discrimination’ isn’t always clear. Fortunately, when it

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Ham Radio Antennas – Congress Still Can’t Decide What To Do

During the 2015-2016 federal legislative season, the Ham Radio lobby introduced H.R. 1301, a bill which sought to prohibit associations from banning Ham Radio antennas in their communities. As originally proposed, H.R. 1301 was detrimental to an association’s control over

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New “Amateur Radio Parity Act” Bill Introduced in US House of Representatives

H.R. 555 — a new “Amateur Radio Parity Act” bill — has been introduced in the U.S. House of Representatives. The bill’s language is identical to that of the 2015 measure, H.R. 1301, which passed in the House late last

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Should your Condominium Association be VA Certified? (MI)

One out of every 11 citizens in Michigan is a veteran and may receive benefits from the U.S. Department of Veterans Affairs (VA). The VA may help service-members, veterans, and certain qualified surviving spouses of service-members and veterans become homeowners

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Pool management company serving Loudoun communities hit with child labor violations (VA)

A Northern Virginia pool management company that provides everything from lifeguard services to repairs at as many as 25 pools in Loudoun and about 45 in the region has been cited by the state’s Department of Labor and Industry for

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Don’t Delay: No Change in the December 1, 2016 Deadline for Compliance with the Department of Labor’s Final Rule on Overtime

The Fair Labor Standards Act (“FLSA”) requires employers to pay employees at the rate of one and half times their regular rate for each hour an employee works beyond forty (40) in a work week. However, the FLSA does provide

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FHA Proposes Condominium Rules Update (CAI)

On September 27, 2016, the Federal Housing Administration (FHA) released a proposed regulatory update to its condominium unit mortgage insurance program. On balance the rule has many positive aspects, including a limited “spot approval” process. The rule further allows individual

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New Flood Zones Could Slash Insurance Premiums (NY)

Federal officials, responding to an appeal from Mayor Bill de Blasio, have agreed to redraw the city’s flood maps, which is likely to reduce or eliminate insurance premiums for thousands of buildings currently in flood zones, Crain’s reports.    Read

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The ILSA Condo Exemption – Not Out of the Woods Yet

The Interstate Land Sales Full Disclosure Act (ILSA) is a federal statute that aims to prevent land sales fraud and uninformed purchases of unimproved real property by requiring registration of subdivisions with the Consumer Financial Protection Bureau and pre-contract consumer

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Compromise On Ham Radio Legislation Offers Satisfactory Resolution

A bill that was recently brought before the U.S. House of Representatives is seeking to limit the amount of control community associations have over amateur radio operators. However, a compromise was reached between a prominent lobbying group and a membership

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New FHA Harassment Rule & Policy Recommendation

On October 14, 2016, the US Department of Housing and Urban Development’s (HUD) new rule on quid pro quo and hostile environment housing practices under the Fair Housing Act (FHA) goes into effect. This new rule creates liability for housing

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Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act

This final rule amends HUD’s fair housing regulations to formalize standards for use in investigations and adjudications involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status, or disability. The rule specifies how HUD

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FEMA Reps Roasted Over Costly Flood Map Error In Ocean City (MD); ‘Disagreement’ Between City, Feds Still Being Worked On

However, in a few areas of the resort, particularly along condo row from 93rd to 123rd streets, FEMA determined through its new maps an existing secondary dune, built in front of several oceanfront properties in the early 1980s is now

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HUD Restrictions on Criminal Background Checks May Affect Condominium Sex Offender Bans

The Department of Housing and Urban Development (HUD) has issued guidance restricting the use of criminal background checks to screen prospective residents. The guidance warns property owners that a blanket policy rejecting residents solely because they have a criminal record

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FHFA Vows to Keep Fighting HOA Super-Priority Liens

The Federal Housing Finance Agency (FHFA) has reaffirmed its support of authorized servicer reliance on the Housing and Economic Recovery Act (HERA) of 2008 in foreclosures involving homeowner associations (HOAs) and super-priority liens, saying it will “aggressively” fight any HOA

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FEMA ‘error’ may cost condominium owners (MD)

Hundreds of Ocean City condominium owners are finding themselves waist-deep in insurance premiums in the wake of new flood maps that local officials criticize as flawed.    Read the article………….

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Condos to be scrutinized by Fannie and Freddie

Condominium associations and homeowner associations in Chicago and across the nation will be more closely watched by the federal government in the future under newly unveiled financial disclosure forms.    Read the article……………

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CFPB corrects error in TRID rule

The addendum to the Federal Register and the TRID supplementary information corrects the error, which deals with the application of tolerances to property insurance premiums, property taxes, homeowner’s association dues, condominium fees, and cooperative fees.     Read the article…………

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Drone On – May I See Your Flight Registration Please?

On Monday, December 14, 2015, the Federal Aviation Administration (“FAA”) announced new rules impacting users of any small unmanned aircraft (“UAS”) (i.e., drones or unmanned aerial vehicles) ranging in weight between 0.55 pounds and 55 pounds.  Read the article…………..

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Government Affairs Alert

The Amateur Radio Parity Act (S. 1685) is scheduled for mark-up in the U.S. Senate Commerce Committee today (November 18). Your Senator serves on the Senate Commerce Committee and it is very important he/she hears from you today to oppose

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Is The New Clean Water Rule A Cleaner Way To Predict Federal Jurisdiction Over Property Or Does It Just Muddy The Waters?

On August 28, 2015, a new rule issued by the United States Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) became effective. The new rule is intended to redefine the term “waters of the United States”

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Navigating Local, Federal Laws Can Be Challenging For Property Owners Associations

One of the chief complaints I hear from potential clients is that it’s a confusing, time-consuming chore to ensure their property owners association is in full compliance with local, state and federal regulations. This is never a surprise considering the

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The other side of the “Amateur Radio Parity Act”

In this episode of HamRadioNow, ARRL President Kay Craigie N3KN fights back against misrepresentation of the Amateur Radio Parity Act by Homeowner Associations (HOA)    Listen to the show……………   Read AARL’s response to CAI……

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New NLRB Decision Could be Big Trouble for Condominiums and HOAs in Florida

On Thursday, the National Labor Relations Board (NLRB) issued a decision in the Browning-Ferris Industries case that could have a widespread impact on employers everywhere, including condominium and homeowner associations that contract with businesses such as professional employer organizations (PEOs)

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How FHFA Impacts Your HOA

One of the great things about an HOA is that it is a community. However, because of that, everyone must play their part. So what happens when someone fails to do their part and even fhfaabandons their home? HOAs came

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EPA cracks down on stormwater violations, draining municipal resources

The visit from environmental inspectors had the nerve-rattling effect of an IRS audit.  Three U.S. Environmental Protection Agency staffers and a pair of engineers from Colorado spent two days in Manor Township, Lancaster County, poring over page after page of

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Does The ADA Apply To Condominiums in Florida?

Question: In a condominium that permits short term rentals, must the property be ADA compliant and who must make these modifications or alterations?   Read more……..

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HOAs and HAM Radios: Will proposed Federal Legislation harm community associations?

Legislation was introduced in House of Representatives in 2014 that would allow homeowners or residents in HOA communities to have, install and operate towers and large antennas used in HAM radio broadcasting on their property, despite any HOA architectural guidelines

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(Ham Radio) Legislative Issues Advocacy Fund to Power Capitol Hill Educational Campaign

If Congress approves H.R. 1301, and it is signed by the president, the legislation would compel the FCC to amend the Part 97 Amateur Service rules to apply the three-part test of the PRB-1 http://www.arrl.org/prb-1 federal pre-emption policy to include

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Feds complicate HOA pool rules

Most swimming pools have a list of rules posted somewhere on the premises. We’ve all seen them. The rules contain common sense prohibitions against dangerous pool activities, such as having glass in the pool area and diving into the shallow

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How about the latest on Super Lien States, VA loans, and HOAs?

Some astute compliance folks out there have noticed a problem with VA guarantees and judge’s rulings on how Home Owner Associations’ liens come before the mortgage. In VA Guaranty documentation requirements, the VA requires proof that the HOA is willing

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FHFA move threatens associations and owners

In late December the Federal Housing Finance Agency (FHFA) released a statement expressing concern about state statutes that allow community associations to obtain lien priority over first mortgages for unpaid association assessments. By asking a federal court to intervene, FHFA

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FHFA Takes Sides in War Between Lenders & Community Associations Over Priority Liens

For those of you who were busy enjoying the holidays around the end of December, you may have missed a little bit of news that came out of CAI on December 23rd regarding a public statement made by the Federal

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New Condominium Exemption To The Interstate Land Sales Full Disclosure Act

As we previously reported, a significant amendment to the Interstate Land Sales Full Disclosure Act (ILSA) becomes effective on March 26, 2015. HR2600 adds an exemption from registration for a “condominium unit.” This is a so-called “b” exemption, meaning the

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Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA.   Read more……..

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FEMA Says It Wants Flood Relief Money Back (CO)

After last fall’s flooding, FEMA gave thousands of dollars to a small Colorado community, but now they say the grant was a mistake and they want the money back.    Read more……….

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Common Laws For HOAs

HOAs create rules and guidelines for their residents to follow. However, the HOAs themselves must follow state and federal laws, and their own guidelines cannot violate these laws. Check out these five common HOA laws to ensure your HOA is

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Bill to Eliminate Kafka-esque Condo Law Heads to Obama’s Desk

A bill that aims to eliminate cumbersome government regulation of condominium sales by clarifying the proper application of a 1968 law was due to head to President Obama today, after being unanimously approved by the House and Senate. The bill,

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Flood survivors at odds with FEMA rules

But then FEMA learned the Glen Haven Association is responsible for repairs and maintaining roads in the area.  Regulations prevent FEMA from giving money to a homeowner association that provides such services. In June, FEMA asked for its money back.

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A Radio Tower in Every Yard?

Most often the Declaration of Covenants, Conditions and Restrictions (also known as the “CCR’s,” “Declaration of Condominium,” “Restrictions,” or by other names) is the highest governing document within an association. Typically, the terms of this document cannot be waived without

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Early Efforts on Behalf of “The Amateur Radio Parity Act” HR.4969 Bearing Fruit (the other side)

Initial efforts to secure additional co-sponsors for “The Amateur Radio Parity Act of 2014” — HR.4969 — are starting to produce results. As of August 5, 17 co-sponsors have signed onto the bill, which was introduced in the US House

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New Proposed Federal Legislation Would Invalidate Restrictions on Amateur Radio Towers and Antennas

The national Community Associations Institute (CAI) has been following an issue in Congress that could potentially impact community associations across the country.    Specifically, last month, U.S. Rep. Adam Kinzinger (R-IL) introduced H.R. 4969, legislation that would invalidate community association

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Court Ruling Finds Fannie Mae Does Not Qualify for Safe Harbor Protection from Liability for All Unpaid Assessments in Foreclosure Cases

A recent ruling in Broward County Circuit Court could have significant implications for Fannie Mae and the community associations with units in various stages of bank foreclosure. In the case of Federal National Mortgage Association v. Park Place at Pompano

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