The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule—which it plans to apply retroactively—is simply a codification of its existing position that the Fair Housing Act authorizes disparate impact claims. But the rule goes well beyond that. It articulates a burden-shifting framework […]
Responding to Requests for Accommodation
Civil Code Section 1360 generally requires homeowners associations (“HOA”) to allow a disabled owner to, at the owner’s expense, make modifications to the owner’s units and potentially to the HOA’s common areas in order to accommodate the owner’s disability. When a HOA receives a request for an accommodation, what steps can and should the HOA […]
Emotional Support Animals in Community Associations
Condominium and Homeowners Association which ban or limit the size of pets are under increased attack by homeowners strongly desire to bring fluffy or killer, a 60 pound pit bull into their homes in violation of established of the Association. Traditionally it was not difficult for Association to ban these types of pets and to […]
Can Enforcing the CC&Rs Equally and Consistently Ever be Illegal?
Has your board ever faced a demand for a “reasonable accommodation” by a disabled resident? Have you ever heard of a “reasonable accommodation”? What about a request for a modification to a unit or common area to accommodate a disability? As explained by the following excerpt from our Utah HOA Law app, if certain requirements […]
HUD charges Pevely condo owner with violating Fair Housing Act
The U.S. Department of Housing and Urban development announced Wednesday that it filed a complaint against the owner, architect, builder and designers of the 36-unit Valle Creek Condominiums at 8011 Valle Creek Parkway in Barnhart, Mo., for violating the Fair Housing Act. Read More……
A “Tail” of Two Doggies: Lessons of Both the Absurd and Practical in Dealing with Pet Cases
In my legal practice, few cases are more prone to absurd happenings, bizarre government policies, and expensive litigation than pet cases. Well meaning associations set up rules to either prohibit pets all together or to limit their size, often in an effort to avoid having excessively large, loud, or potentially dangerous animals in the community. […]
Cat in condo? OK. Companion dog? No way
The age-old question of which is better, cats or dogs, has landed in federal court in Minneapolis. The unusual issue has provoked a big legal fight between a disabled Minneapolis woman and the board overseeing a condominium where she’s been a longtime resident. Read More……
HUD charges MN management co. with discriminating against families with children
The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging a Minnetonka, MN, condominium association and its management company, Gassen Company, Inc., with violating the Fair Housing Act by discriminating against families with children under the age of 18. According to HUD’s charge, Greenbrier Village Condominium III Association allegedly maintained […]
HOA Hosted Public Events: ADA Compliance Required?
Asked – Does hosting a public bingo game at our association’s clubhouse expose the association to any liability under the Americans with Disabilities Act? Read More……