Categories: Enforcement, Fair Housing & ADA, Federal Law & Regulations, Glossary
The Federal Fair Housing Act “FHA” and the Americans with Disabilities Act “ADA” provides protections for people with disabilities. In addition to a prohibition against discriminating against someone because they are disabled, these laws have affirmative duties for those covered by the two Acts. Under the FHA, one of the affirmative duties is to permit reasonable modifications. In addition, a housing provider must make reasonable accommodations to its policies, practices or procedures if it is necessary for a disabled person to use or [Read More...]
Categories: Fair Housing & ADA, Federal Law & Regulations, Glossary
The Americans with Disabilities Act (“ADA”) is a federal law that provides protections to people with disabilities. One part of the ADA provides protections for employees of employers with more than 15 employees. Other parts of the ADA applies to state and local government and transportation systems. Title III of the ADA applies to public accommodations and is usually the section of the ADA that community associations have questions about. Public accommodations under the ADA are: If [Read More...]
Categories: Fair Housing & ADA, Federal Law & Regulations, Glossary
The Federal Fair Housing Act was adopted in 1968 as Title VIII of the Civil Rights Act of 1968. In 1988, Congress expanded the scope of the Federal Fair Housing Act by adopting the Federal Fair Housing Amendments Act of 1988. The Federal Fair Housing Amendments Act established new enforcement procedures and created two new protected classifications. The Federal Fair Housing Act protects individuals from housing discrimination on the basis of race, color, religion, sex, familial status, [Read More...]
Categories: Board Duties, Enforcement, Repair and Maintenance
Most people involved with condominium associations understand that sometimes it is necessary to undertake repairs and maintenance of the common elements which might displace residents. For some reason, there have been a few recent instances where residents have challenged the right of an association to force the owners to vacate their units for this purpose. These cases have been complicated by the fact that very few condominium declarations and bylaws have provisions expressly authorizing the [Read More...]
Categories: General
In 2022, the legislature made a number of changes to both the condominium law (Chapter 514B) and the planned community associations law (Chapter 421J). Most but not all of the changes improve association operations. You can view the text of the acts by clicking on the links below. Act 69 (SB 2685 SD2, HD1, CD1), Signed 6/17/22, effective January 1, 2023 Relating To Planned Community Associations. The legislative history for act 69 indicates that its [Read More...]