HOAleader.com - Tip of the Week - November 6, 2009
Published: Fri, 11/06/09
=================================================================
The Fair Housing Act and Protected Classes:
What Your HOA Needs to Know
=================================================================
This week's tip is taken from a new article that explains three
areas of the federal Fair Housing Act (FHA) that are critical for
condo and HOA boards to understand. Here we'll cover just one
area: protected classes.
The FHA prohibits all forms of discrimination based on protected
classes. With more associations foreclosing on delinquent owners
and then renting out the units, you must understand the act's
prohibition on rental discrimination. Under the act,
discrimination on the basis of protected classes--race, color,
national origin, religion, sex, disability, familial status, and
age--is barred.
Bob Tankel, principal at Robert L. Tankel PA in Dunedin, Fla., a
law firm that advises associations, recommends basing as much of
your rental decisions as possible on factors that can be
documented on paper, such as financial scores. "Make sure
whatever criteria you're using to determine who's going to rent
or occupy property the association is renting out is in
compliance with state and federal fair housing laws and the U.S.
Constitution," he says.
He adds, "You can find out just about everything you need to
know on paper. The less physical interaction your association
has with the potential occupants, the better. Here in Florida,
testers are routinely sent out to properties being rented, and
they'll see if there's discriminatory steering going on. This
isn't an abstract idea. It goes on."
The issue of discrimination on the basis of protected classes
also arises in associations that screen residents. "Most
associations in Florida have a screening process where a new
purchaser has to complete an application and can be approved or
denied by the board," says James Donnelly, president and CEO of
Castle Group, a property management company in Plantation, Fla.,
that manages 55,000 association units. "That's where you have to
be incredibly careful. Our advice is that you don't refuse any
application unless you've received legal advice."
Bob Tankel goes even further. "Most communities have no authority
to physically interview someone," he explains. "I've asked many
board members, 'Show me the rule where it says you have that
authority,' and they have no answer. More communities have gotten
in trouble with screening people than have been well served by it."
Finally, remember that each state has passed its own version of
a fair housing or civil rights act that prohibits certain types
of discrimination. Some states add such factors as age or sexual
orientation to protected classes. Be sure to check with an
attorney in your state to know the specific rules.
For more information about the FHA and what you should know,
see our new article: http://www.hoaleader.com/members/354.cfm
Best regards,
Matt Humphrey
President
=================================================================
Free Group Membership Upgrade
HOAleader.com members can now get a free upgrade to group
membership.
With a group membership, the rest of your HOA or condo board--up
to 9 additional members--will get their own member accounts.
It's a fantastic value.
Make your job easier. Help the rest of your board get up to
speed on HOA management best practices by adding them to your
HOAleader.com membership today for no cost.
Already a member? Create complimentary accounts for the other
members of your HOA board now:
http://www.hoaleader.com/members/main.cfm
Not a member yet? Sign up now with our low individual rates and
then add your fellow board members for no additional cost:
http://www.hoaleader.com/details.cfm
=================================================================
Recent articles posted at HOAleader.com:
================================================================
HOA Legal Compliance: A Primer on the Fair Housing Act for
Homeowners Associations
The Fair Housing Act prevents many types of discrimination in
housing. Here's a basic overview of how it affects your
homeowners association.
Click here to read full article:
< http://www.hoaleader.com/members/354.cfm >
================================================================
HOA Financial Matters: What's Receivership, and When Do Condo and
Homeowner Associations Need It?
Though it's still rare in community associations, receivership
has become more common in today's economy. With any luck, your
HOA will never experience receivership. But some unlucky
associations will. So here are some basics on receivership, along
with information about how it's arising in condo and homeowner
associations today.
Click here to read full article:
< http://www.hoaleader.com/members/353.cfm >
================================================================
HOA Elections: What's Cumulative Voting, and Should You Use It?
Most people don't even know what cumulative voting is and
probably couldn't tell you if it's allowed in their state or
their association. Here, we explain the procedure, discuss its
pros and cons, and offer insight as to whether to change your
bylaws to include or exclude it.
Click here to read full article:
< http://www.hoaleader.com/members/352.cfm >
================================================================
Six Ways to Recruit Strong Board Members for Your Condo or
Homeowner Association
There's no doubt it's a challenge to get volunteers to agree to
serve on condo and homeowner association boards, especially in
today's economy. There are practical tools you can use to build a
good farm team of HOA volunteers. Here, attorneys and property
managers offer six of their best tips.
Click here to read full article:
< http://www.hoaleader.com/members/351.cfm >
================================================================
In the Trenches: How HOA Boards are Getting Volunteers to Serve
You can beat the too-common problem at associations of a dearth
of volunteers willing to step up to the plate and serve on your
board. Here, HOA board members from across the country and an
expert in associations reveal what they've learned about the best
ways to convince owners that serving on the board will benefit
both them and the community.
Click here to read full article:
< http://www.hoaleader.com/members/350.cfm >
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week at:
http://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to
others.
Copyright 2009, Plain-English Media, LLC
909 Marina Village Parkway #183
Alameda, CA 94501
(866) 641-4548
http://www.hoaleader.com