HOAleader.com - Tip of the Week - November 18, 2016

Published: Fri, 11/18/16

HOAleader.com - Tip of the Week - November 18, 2016

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New Fair Housing Rules are Clear as Mud

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In this week’s tip, we update you on new fair housing rules related to quid pro quo behaviors and hostile environments in housing that have taken effect.

Let’s start by saying these new rules are a bit of a mystery even to those knowledgeable about fair housing laws.

Minnesota community association lawyer Phaedra J. Howard, a partner at Hellmuth & Johnson PLLC in Eden Prairie is an expert on fair housing laws, so much so that she speaks on the topic regularly.

“I’d been touring the state, starting in May, doing my fair housing seminar,” she recalls. “I’d done a couple, and I had another coming up in Rochester. So I said, ‘Let me see what’s new’ and saw there was suddenly a new U.S. Department of Housing and Urban Development rule. I got a crash course in that a week before my presentation. The new rules went into effect in October, so there’s no information on how things are going to play out in reality yet.”

Another expert agrees the information on the new rules is skimpy. “I think it’s fairly premature for anybody to talk much about these rules,” says David C. Swedelson, the principal at Swedelson & Gottlieb, a law firm that represents associations in the Los Angeles area. “It’s pretty new stuff.”

The new rules boil down to actions that could be considered an improper quid pro quo or the creation of a hostile environment.

“The example HUD gives in the quid pro quo situation is basically sexual favors,” says Howard. “If I offer you something better in your housing because of sexual favors, or deny something, that’s basically a quid pro quo violation on the basis of gender.

“But HUD didn’t explain how that would play out in other protected classes,” adds Howard. “Whether it’s giving you an apartment, special services, or whatever the case might be, we don’t know how that would play out with any other protected class at this point. I read some comments to HUD where people were asking for additional examples, and HUD said, ‘We think our examples are good enough.’”

Hostile environment situations are more obvious, notes Howard. Find out why, and why you might want to revise your rules and regs, in our new article: http://www.hoaleader.com/members/2463.cfm

Best regards,
Matt Humphrey
President

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Recent articles posted at HOAleader.com:

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Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process

Did you miss yesterday's webinar on creating and enforcing rules at your condo association or HOA? It's not too late to benefit from this great session! Order the recording, which can be shared with your entire board and which you can watch at your convenience. Enforcing rules doesn't have to be a pitched, tense, and unpleasant battle between your homeowner association board and your homeowners. With some smart planning, you can make enforcing your HOA's rules fairer, quicker, easier, and less stressful.

Click here to read full article:
http://www.hoaleader.com/products/enforceable-hoa-rules-b.cfm

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How the New Fair Housing Rules Affect Your HOA

New fair housing rules related to quid pro quo behaviors and hostile environments in housing have taken effect. Here two of our legal experts explain what this means for your day-to-day operations.

Click here to read full article:
http://www.hoaleader.com/members/How-New-Fair-Housing-Rules-Affect-Your-HOA.cfm

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How a Manager Helps HOA Owners Be More Active and Healthy

A new HOA set to open later this year in Hendersonville, Tenn., is touting organized activities to build a community culture of health and wellness. Freehold Communities, the developer of this HOA called Durham Farms, has contracted with a CCMC, a Plano, Texas, company that manages more than 200 associations nationwide, to oversee a year-round calendar of events and programs focusing on healthy living.

Click here to read full article: http://www.hoaleader.com/members/How-Manager-Helps-HOA-Owners-Be-More-Active-Healthy.cfm

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It's Either Happy Holidays Or Bah, Humbug! in Today's HOAs

In this week's tip, we discuss the thorny issue of HOAs and holiday events. There are HOAs that are hosting to-dos to make their community feel like home--and a place where residents have no interest in leaving.

Click here to read full article:
http://www.hoaleader.com/public/Its-Either-Happy-Holidays-Or-Bah-Humbug-in-Todays-HOAs.cfm

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The Holiday Event Dilemma: What's an HOA to Do?

Looking to host fun and exciting community-building events for the end-of-year holidays? We went on a hunt to find HOAs doing just that, and instead we came away with a cautionary tale.

Click here to read full article:
http://www.hoaleader.com/members/Holiday-Event-Dilemma-Whats-HOA-Do.cfm

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This HOA Board Isn't Seriously Considering Doing This, Is It?

An HOAleader.com reader writes, "Our ski condo HOA needs to hire a new manager. This is a full-time, on-site, residence-provided position and includes management of a robust seasonal vacation rental operation.

Click here to read full article:
http://www.hoaleader.com/members/This-HOA-Board-Isnt-Seriously-Considering-Doing-This-It.cfm

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