Federal Laws & Regulations

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Articles About Federal Laws & Regulations and Community Associations

  • Baca POA notified of cease and desist action (CO) October 19, 2017 A Baca Grande Property Owners Association (BGPOA) member served a cease and desist letter to the homeowners association dated Oct. 16 alleging conflicts of interest involving the POA board and several violations of the Equal Housing Opportunity Act.   Bayardo Reno Sandy, who owns property on Heatherbrae Road in the Baca, is protesting new building regulations enacted by the board last month. He is one of many BGPOA residents over the past several months who have objected to the treatment of ...
  • Condo financing aimed at renters September 28, 2017 The rising cost and scarcity of undeveloped land will continue to change how and where we live.  What we have long thought of as alternative housing is getting more consideration in many conventional neighborhoods. Traditional East Coast co-op apartments and more rural-based co-housing communities are sprouting up in common suburban environments. Developers now are promoting the financial logic of building up, not out.  Condominiums now will shoulder much of the future city-dweller load. The condo market has resurged as all ...
  • Must communities retrofit for handicap accommodation (FL) September 6, 2017 The question often arises as to whether condominium, cooperative and homeowners’ associations need to install wheelchair ramps, elevator or swimming pool lifts or redo common area bathrooms to accommodate handicap persons.   The general answer is that associations may have to waive certain rules to reasonably accommodate the handicap, such as allowing emotional support or service animals in a no-pet building but the association does not have to spend association funds on modifying the common areas to accommodate the handicap, ...
  • FHA Extends Condo Rules for Reverse Mortgages, Other Loans August 31, 2017 The Federal Housing Administration this week extended its current rules regarding condominium lending as it continues to work on permanent updates.  In a new mortgagee letter, the FHA implemented an open-ended extension of the existing condominium rules as laid out in previous letters released in 2012 and 2015 — essentially freezing the status quo until FHA updates the Single Family Housing Police Handbook 4000.1 with a final rule for condos.     Read the article………..
  • Is Anybody Home at HUD? August 22, 2017 Now, however, HUD faced an existential crisis. The new president’s then-chief strategist, Steve Bannon, had called in February for the “deconstruction of the administrative state.” It was not hard to guess that, for a White House that swept to power on a wave of racially tinged rural resentment and anti-welfare sentiment, high on the demolition list might be a department with “urban” in its name. The administration’s preliminary budget outline had already signaled deep cuts for HUD. And Donald Trump ...
  • Westbury condo settles discrimination lawsuit (NY) August 9, 2017 A Westbury condominium complex has settled a lawsuit that challenged the building’s accessibility for disabled residents.  As a result of the settlement of the suit filed in Dec. 2015 by Long Island Housing Services, the Westbury Terrace Condominium made a few accommodations, including the installation of a buzzer system to allow all residents the ability to grant access to the building from an apartment during hours that a doorman is not on duty, as well as allowing a disabled owner ...
  • What Are FHA-Approved Condos? August 4, 2017 Federal Housing Administration condominiums are properties that can be purchased using FHA loans—or loans that are insured by the FHA. What requirements must these condos meet to be approved by the FHA? And where should you go to search for available properties? The answers to these questions and more are below!     Read the article…………….
  • HUD Releases Final Rule Related to Discrimination in Community Associations August 2, 2017 In September 2016, the U.S. Department of Housing and Urban Development (“HUD”) released final regulations relating to housing discrimination, which now require community associations to investigate claims of harassment by one resident of another resident who is a member of a “protected class.” Under the Fair Housing Act, a protected class includes race, color, national origin, religion, sex, familial status and disability/handicap. In the past, if an association resident harassed another association resident, the association’s board or community manager may ...
  • US Attorney Announces Settlement with Florida Condominium Complex Over Alleged FHA Reverse Mortgage Fraud August 1, 2017 On July 20, 2017, acting United States Attorney Stephen Muldrow announced a civil settlement with the owner of a Florida condominium complex over fraudulent reverse mortgage transactions. Defendant had been accused of violating the False Claims Act (“FCA”) and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”).    Read the article……………
  • Puerto Rico Laws Block Condos From FHA Loans June 18, 2017 Rogers told Caribbean Business, however, that condos in Puerto Rico may not be able to benefit from the easing of FHA condo financing programs because local laws have become a roadblock preventing HUD from granting the certifications.  To become certified, right now, condominium boards must submit information regarding financial reserves, insurance, budgets and numbers of renters, and a long list of other documents as well as comply with other requirements.    Read the article……………

Federal Laws & Regs Archives

 

Installing Consumer-Owned Antennas and Satellite Dishes

In 1996, the Federal Communications Commission (FCC) adopted rules for Over-the-Air-Reception Devices (“OTARD” rules). The OTARD rules prohibit restrictions on a property owner or tenant’s right to install, maintain or use an antenna to receive video programming from direct broadcast satellites (DBS), broadband radio services (formerly referred to as multichannel multipoint distribution services or MMDS) and television broadcast stations (TVBS). However, there are exceptions to the OTARD rules, including provisions for safety and preservation of historic areas. The FCC later amended the OTARD rules to apply to rental property where the renter has exclusive use of an area, and to customer-end antennas that receive and transmit fixed wireless signals.

More on OTARD




Service and Comfort Animals

Revised ADA Regulations Implementing Title II and Title III (Comfort and Service Animals)

Pet Ownership for the Elderly and Persons With Disabilities; Final Rule

Freedom To Fly the American Flag Act

On July 24, 2006, President Bush signed into law “The Freedom to Display the American Flag Act.”  This act ensures that all Americans, including those living within the jurisdiction of homeowners and condominium associations, will be able to exercise their right to display the United States flag, the symbol of our nation’s freedom, at their homes.

Freedom To Fly the American Flag Act

Virginia Graeme Baker Pool & Spa Safety Act

The Virginia Graeme Baker Pool And Spa Safety Act (VGBA) is a United States law named after the daughter of Nancy and James Baker and the granddaughter of former Secretary of State James Baker III. Graeme Baker died in a tragic incident in June 2002 when the suction from a spa drain entrapped her under the water.

The goals of the Act were to enhance the safety of public and private pools and spas, to reduce child drownings, to reduce the number of suction entrapment incidents, injuries and deaths; and to educate the public on the importance of constant supervision of children in and around water.

The Dept. of Justice has granted an extension for existing pools to comply with the new ADA Standards for providing accessible entry and exits.  The DOJ’s Q&A attempts to answer questions regarding whether your pool shall require accommodations. Check with your attorney to determine the current status of the Act and how it can impact your association

Read the Act

Questions and Answers regarding Accessibility Requirements for Existing Swimming Pools at Hotels and other Public Accommodations

Accessible Pools Means of Entry and Exit

 

FHA Condominium Mortgage Insurance

As authorized with the passage of the Housing and Economic Recovery Act of 2008 (HERA), the Federal Housing Administration (FHA) implemented an approval process for condominium projects and insurance requirements for mortgages on individual units, under Section 203(b) of the National Housing Act.
The new approval process and insurance requirements were put into action with Mortgagee Letter 2009-46b and was effective for all case numbers assigned on or after December 7, 2009, except as noted in the mortgagee letter.
The program insures a loan for as many as 30 years to purchase a unit in a condominium building–which must contain at least two dwelling units and can be detached or semi-detached, a rowhouse, a walk-up, or an elevator structure.

The loan is made by a lending institution, such as a mortgage company or bank and is insured by HUD’s Federal Housing Administration.

This has been a total mess with constant changes and proposed changes. Trying to keep up with it here would be impossible.  We’ll provide the basic information, but you really need to your attorney to deal with this appropriately.

Latest Changes

Is Your Condominium Association FHA Certified?

The Condominiums page allows users to search for FHA-approved condominium projects by location, name, or status. These properties are not for sale by the FHA. The search can be configured to find specific types of projects through the use of the pull-down menus and entry fields. Detailed help is available online or contact the Single Family Administrator. Please note: It is not necessary to enter information into every field. The less information entered, the larger the resulting list. Enter only the criteria (full/partial) that you know to be correct or helpful in streamlining your list to your needs:

Link to search form

The CAI Guide to FHA Certification 

 

HUD: Reasonable Modifications Under The Fair Housing Act

The Department of Justice (“DOJ”) and the Department of Housing and Urban Development (“HUD”) are jointly responsible for enforcing the federal Fair Housing Act (the “Act”), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.  One type of disability discrimination prohibited by the Act is a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.  HUD and DOJ frequently respond to complaints alleging that housing providers have violated the Act by refusing reasonable modifications to persons with disabilities. This Statement provides technical assistance regarding the rights and obligations of persons with disabilities and housing providers under the Act relating to reasonable modifications.    Read More……PDF