Associations generally have the right to regulate their communities. In Washington, this probably includes the right to ban registered sex offenders and other persons with criminal history from living in the community. However, an association’s right to evict existing occupants based on their status as a sex offender is less clear. In addition, associations considering…
Tag Archive: fha
Animals: May a Community Ban or Restrict Them?
An Association may ban or restrict animals, if the restriction is: A) reasonable; B) enforced uniformly; and C) included in the governing documents. However, there are some exceptions: Service animals An Association may not ban service animals. A service animal is an animal that is trained for the purpose of assisting or accommodating a disabled…
Accommodation of Service Dogs Under Fair Housing Act
A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. In Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer, 2014 U.S. Dist. LEXIS 36040 (S.D. Fla. Mar. 19, 2014),…
Community Associations & the Housing for Older Persons Act (HOPA)
Some communities provide housing for persons of a certain age (usually 55) or older, and may also exclude persons under the age of 18. This type of community is governed by the Housing for Older Persons Act (HOPA), part of the federal Fair Housing Act (FHA). The FHA prohibits discrimination in the rental and sale…
FHA Recertification Deadlines
We received an email this week from CAI regarding a change in the FHA recertification process for condominiums. As many of you may know, all FHA approvals granted prior to October, 2008 were scheduled to expire on December 7, 2010. FHA has decided to extend the deadlines to allow more condominiums to take advantage of…
FHA Recertification
We’ve received a number of calls recently about FHA recertification for condominiums. This is due in large part to the December 7, 2010 deadline for recertification of many of the condominiums in Washington. Certification for all condominiums approved prior to October 1, 2008 will expire on December 7, 2010. If your condominium received FHA approval…
Reasonable Accommodation – Interpreters
Many clients ask us whether they are obligated to pay for a sign language interpreter to be present at meetings at the request of a deaf homeowner. The short answer to this questions is yes. A community association must provide interpreters to enable deaf or hearing-impaired owners to participate in the association meetings. The only…
Accommodating Owners with Disabilities
We receive many questions from our clients related to owner requests for disability accommodations, such as permission to install a wheelchair ramp on association property. Our research on this issue has led us to share the following information with our clients: Associations must follow the requirements of the Fair Housing Act (the “Act”), even those…
Tag Archive: fha
Sex Offenders and Criminals: Can They Be Banned by a Community?
Associations generally have the right to regulate their communities. In Washington, this probably includes the right to ban registered sex offenders and other persons with criminal history from living in the community. However, an association’s right to evict existing occupants based on their status as a sex offender is less clear. In addition, associations considering…
Animals: May a Community Ban or Restrict Them?
An Association may ban or restrict animals, if the restriction is: A) reasonable; B) enforced uniformly; and C) included in the governing documents. However, there are some exceptions: Service animals An Association may not ban service animals. A service animal is an animal that is trained for the purpose of assisting or accommodating a disabled…
Accommodation of Service Dogs Under Fair Housing Act
A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. In Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer, 2014 U.S. Dist. LEXIS 36040 (S.D. Fla. Mar. 19, 2014),…
Community Associations & the Housing for Older Persons Act (HOPA)
Some communities provide housing for persons of a certain age (usually 55) or older, and may also exclude persons under the age of 18. This type of community is governed by the Housing for Older Persons Act (HOPA), part of the federal Fair Housing Act (FHA). The FHA prohibits discrimination in the rental and sale…
FHA Recertification Deadlines
We received an email this week from CAI regarding a change in the FHA recertification process for condominiums. As many of you may know, all FHA approvals granted prior to October, 2008 were scheduled to expire on December 7, 2010. FHA has decided to extend the deadlines to allow more condominiums to take advantage of…
FHA Recertification
We’ve received a number of calls recently about FHA recertification for condominiums. This is due in large part to the December 7, 2010 deadline for recertification of many of the condominiums in Washington. Certification for all condominiums approved prior to October 1, 2008 will expire on December 7, 2010. If your condominium received FHA approval…
Reasonable Accommodation – Interpreters
Many clients ask us whether they are obligated to pay for a sign language interpreter to be present at meetings at the request of a deaf homeowner. The short answer to this questions is yes. A community association must provide interpreters to enable deaf or hearing-impaired owners to participate in the association meetings. The only…
Accommodating Owners with Disabilities
We receive many questions from our clients related to owner requests for disability accommodations, such as permission to install a wheelchair ramp on association property. Our research on this issue has led us to share the following information with our clients: Associations must follow the requirements of the Fair Housing Act (the “Act”), even those…