HOAleader.com - Tip of the Week - July 4, 2014
Published: Fri, 07/04/14
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Do It for the Kids! How Your HOA Can Avoid Fair Housing Lawsuits
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In this week's tip, we unpack the lessons of a settlement announced in May by
the U.S. Department of Housing and Urban Development with a Denver-area
apartment complex over its rules governing kids' behavior in the complex.
The settlement requires the owners to, among other things, build a $10,000
playground.
The settlement involved the owner and management company of The Orchards at
Cherry Creek Apartments in Centennial, Colo., over violations of the
federal Fair Housing Act. To refresh your memory, the act bans
discrimination in housing-related transactions on the basis of race,
color, national origin, religion, sex, familial status, and disability.
"Familial status" has been interpreted to apply to rules governing
families with children.
Where did The Orchards trip up? As published in the apartment's newsletter,
it implemented this rule:
"All children must be supervised by an adult at all times while playing
outside. No sports activities, skateboarding, roller-blading, or
general extracurricular activities are to take place in our community. If
we see anyone violating any of the above activities or see any unsupervised
children they will be sent home immediately."
"A requirement of constant parental supervision of all minors, and even
teenagers, is oppressive, unnecessary, and unfairly burdensome on
families with children," says Bryan Greene, HUD's acting assistant
secretary for fair housing and equal opportunity in the press release
announcing the settlement. "The Fair Housing Act protects the rights of
families with children to enjoy the same housing amenities that others do."
The settlement not only requires the apartment owners to construct a
$10,000 accessible playground on the property, but it also mandates fair
housing training for the apartment's employees.
Want to avoid a costly mistake like that one? Find out how in our new article:
http://www.hoaleader.com/members/1028.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Does Your HOA Have a Kid-Related Rule Like This One? Rethink It.
In May, the U.S. Department of Housing and Urban Development announced a
settlement with a Denver-area apartment complex over its rules governing
kids' behavior in the complex. The settlement requires the owners to, among
other things, build a $10,000 playground.
Click here to read full article:
http://www.hoaleader.com/members/Does-Your-HOA-Have-KidRelated-Rule-Like-This-One-Rethink-It.cfm
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HOA to Owner: No Cleanup? Then We Tear Down
Thinking of demolishing an owner's property to teach a lesson about
complying with HOA rules? A Texas appellate court in Evans v. Davis and Happy
Hide-A-Way Civic Club says that's a very bad idea.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Owner-No-Cleanup-Then-We-Tear-Down.cfm
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Does "Self-Help" for Your HOA Include Demolishing an Owner's Home?
We really don't think you'll ever do something like this. But on the off
chance that you're thinking of demolishing buildings on an owner's lot to
teach a lesson on upkeep, we suggest you don't.
Case in point: Evans v. Davis and Happy Hide-A-Way Civic Club, a November
2013 opinion from a Texas Court of Appeals reminding HOAs that they can't
demolish an owner's property for failure to maintain it without following
some basic rules. Here's the skinny.
Click here to read full article:
http://www.hoaleader.com/members/Does-Self-Help-for-Your-HOA-Include-Demolishing-Owners-Home.cfm
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Let's Make a Deal! Putting Owners to Work to Pay Off HOA Fees
In this week's tip, we lend some advice to a kind-hearted reader who's
considering proposing a barter arrangement to allow struggling
homeowners to work to pay for association fees.
Click here to read full article:
http://www.hoaleader.com/members/Lets-Make-Deal-Putting-Owners-Work-Pay-Off-HOA-Fees.cfm
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Who Fixes What in HOA Units After a Disaster?
Sadly, your residents are bound to eventually face damage from natural
disasters like earthquakes, tornadoes, and storms. The question is who
pays for repairs to the interior of units? For example, if an earthquake
creates cracks in owners' walls, is that considered the responsibility of
those owners or the HOA? Here our experts lay out some answers.
Click here to read full article:
http://www.hoaleader.com/members/Who-Fixes-What-in-HOA-Units-After-Disaster.cfm
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