HOAleader.com - Tip of the Week - December 9, 2011
Published: Thu, 12/08/11
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HOAs: HUD's Keeping an Eye on You
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In this week's tip, we give you fair warning that the U.S.
Department of Housing and Urban Development is actively
pursuing HOAs for fair housing violations.
On Oct. 18, 2011, the U.S. Department of Housing and Urban
Development (HUD) announced it was charging a Philadelphia
condominium association with violating the Fair Housing Act
for refusing to revise its "no pets" policy as a
reasonable accommodation for condominium residents with
disabilities who required assistance animals.
That action followed an Oct. 11, 2011, HUD complaint
against a Park City, Utah, HOA, property management
company, and group of condominium owners, who allegedly
refused to accommodate a Gulf War veteran/tenant who
required an emotional support dog because of a disability.
Has the HUD quietly placed HOAs in its sights?
"We're just in the business of enforcing the Fair
Housing Act and making sure people know it's illegal
to be discriminated against if they're disabled and
ask for a reasonable accommodation," says Shantee
Goodloe, HUD public affairs specialist.
Americans continue to file a large number of
discrimination complaints. "Housing discrimination
based on disabilities has been the number one complaint for
the last four years, ahead of race," says Goodloe, who
notes that the Fair Housing Act protects people from
discrimination on the basis of race, color, disability,
national origin, religion, sex, and familial status. "It
could be against a condo association for refusing to give
someone a parking space or for refusing to allow someone
with a disability an emotional support pet. Complaints run
the gamut."
More than 10,000 fair housing discrimination complaints
were filed in fiscal year 2010, according to HUD's Annual
State of Fair Housing Report, issued in August 2011. Of the
10,155 complaints, 48 percent alleged disability
discrimination, 34 percent alleged discrimination based on
race, and 15 percent alleged discrimination based on family
status. Those numbers were consistent with the number and
type of complaints received during the previous three
years, the report says.
Why are there so many disability-based complaints? "We have
an aging population, and more people are educated to know
it's against the law for a housing provider not to give the
disabled a reasonable accommodation," says Goodloe. "We've
done outreach, and people know if they don't get the
reasonable accommodation they request, it's against the
law."
Want more information about the two cases HUD filed against
HOAs in October, along with suggestions from experts on
avoiding a similar fate at your HOA? Read our new article:
http://www.hoaleader.com/members/657.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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What Happens When a HOA Owner Dies?
On a very sad note, home owner associations sometimes have to
deal with the aftermath of the death of an owner. If an owner
dies, leaving his unit empty until its fate is resolved through
the legal process, what happens if the former owner's successors
or executor fail to pay HOA dues? How can you handle that problem
with respect? Here are some answers.
Click here to read full article:
< http://www.hoaleader.com/members/656.cfm >
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What Type of Meeting Is Your HOA Having--and Why Does It Matter?
Sounds crazy, but you need to be precise about the type of HOA
meeting you call. For example, the Arizona legislature has
defined three types of meetings: member meetings, board meetings,
and committee meetings.
Click here to read full article:
< http://www.hoaleader.com/members/655.cfm >
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Do You Need to Adopt a HOA Board Ethics Policy?
Some homeowner associations are passing ethics policies that
boards must follow. Do they make a difference in board behavior?
Click here to read full article:
< http://www.hoaleader.com/members/654.cfm >
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Owners Rent? There's a Fee for That!
In this week's tip, we explain a recent California case that
gives the go-ahead for HOAs to impose a general rental fee on
owners who lease out their property.
Click here to read full article:
< http://www.hoaleader.com/public/653.cfm >
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HOA Fees on Rentals: Can Your HOA Impose a Fee Just Because
Owners Rent Their Unit?
Sure, you can probably require owners who rent their units to pay
a security deposit to your HOA to cover the tenant's potential
damage of HOA facilities. You can probably also charge move-in
and move-out fees. But can you slap a general fee on owners who
rent out their units just because?
Click here to read full article:
< http://www.hoaleader.com/members/652.cfm >
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HOA Litigation: Loose Lips Sink Ships
In this week's tip, we begin to answer a HOAleader.com reader's
question: "How much information must a board of directors divulge
to the HOA when involved in court litigation ... especially when
members of the association are the litigators?"
Click here to read full article:
< http://www.hoaleader.com/public/651.cfm >
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Is Your HOA Manager Taking Over?
This week's tip will help you determine whether your manager is
too intrusive, not intrusive enough, or behaving just right at
your HOA meetings.
Click here to read full article:
< http://www.hoaleader.com/public/649.cfm >
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