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Published by Plain-English Media, LLC
Home | Legal Compliance

HOA Legal Compliance

Subtopics: Federal Laws, State Laws, Fair Housing, Discrimination, ADA/Accommodations

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HOAs: HUD's Keeping an Eye on You
December 9, 2011
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. . . . keep reading
Is HUD Stepping Up Fair Housing Enforcement Against HOAs?
December 2011
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. . . . keep reading
What Accommodations are HOAs Making for Disabled Owners?
October 2011
Your HOA must make a reasonable accommodation for disabled homeowners when requested. "Associations and their common areas and facilities need to, at a minimum, comply with local and federal law, including the Americans with Disabilities Act," says Ben Solomon, an attorney and founder of the Association Law Group in Miami Beach, Fla., who advises more than 500 associations and represents developers through his second law firm, Solomon & Furshman LLP. "Most associations we represent have buildings with ramps and all kinds of other accommodations for disabled owners." Are those the most common approved requests of HOAs? And which requests haven't been approved? . . . keep reading
Trick Question: Who's an HOA Renter?
October 28, 2011
Some questions that seem so simple are actually riddles wrapped in enigmas, as the cliche goes. In this week's tip, we unravel the definition of a renter when your governing documents prevent rentals but one of your owners has his uncle's brother's son's stepsister living with him. . . . keep reading
Who's an HOA Renter? Discussion Forum Follow-Up
October 2011
An HOAleader.com reader asks: "We are trying to understand the possible classifications of residents in our Wisconsin condo community, specifically 'what qualifies as a renter?' I've heard there are owners and renters. Under what classification does a family member, living in a unit that is owned by another family member, fall? . . . keep reading
A Case Study in HOA Board Failure: Telford v. Sagewood Homeowners Association
September 2011
You've heard it before: As an HOA board member, you have a fiduciary duty to the owners. And though it's hard to sometimes make the tough decisions, be impartial, or be the bad guy or gal, it's part of your job description. . . . keep reading
Security Expert: HOA Workplace/Domestic Violence is Real
July 29, 2011
In this week's tip, Rich Cordivari implores you to take HOA workplace and domestic violence seriously. . . . keep reading
How One Condo Association Went from Near Collapse to Solvency in Nine Months
July 22, 2011
In less than a year, the Venetia Country Club, an association in Largo, Fla., went from more than $350,000 in delinquencies--and near-collapse--to having reserves in the bank. In this week's tip, we hear how board member Scott Simms helped turn it around with help from Tampa-based LM Funding. . . . keep reading
FHA Approval Twists for HOAs: Discussion Forum Follow-Up
July 2011
A reader writes, "We have been notified that we must apply for FHA approval to provide reverse mortgages for our homeowners. We've had FHA approval since 1978. However, we must now begin the process all over. Our master deed contains a 'right of first refusal' covenant, which, according to our lender, FHA won't approve. Has anyone encountered this problem and, other than amending the master deed, come up with a solution?" . . . keep reading
Repainting Your HOA's Parking Lot to Create More Spaces: Pros and Cons
July 2011
In homeowners associations that are tight on parking, one way to create new spaces is to repaint your parking lines to create smaller, yet more, spaces. But there are pros and cons. For example, you could create more conflicts among owners because of more frequent dings. And is there a possibility your association could be sued for creating spots that are too small to avoid dings? Here's some insight. . . . keep reading
Conducting HOA Board Meetings via the Web
July 2011
Some associations have begun to broadcast their meetings through webcasts, thus allowing members to participate even if they're not able to personally be present. Here we discuss the trend and offer tips for making sure meetings still follow requirements. . . . keep reading
Homeowner Associations and Aging Owners: What HOA Boards Should Know
June 2011
As the population ages, your home owner association will likely face new challenges. What should your HOA board know about maintaining elderly owners' rights and privacy if they begin suffering from dementia, physical incapacitation, or inadequate support while preserving the rights of those owners' neighbors? Here, we provide guidance to help you begin addressing the age-old questions you'll face. . . . keep reading
Letters to the HOA Board of Directors: Can--and Should--You Publish Them?
June 2011
A growing number of homeowners association boards are attaching copies of all the letters board members receive to the HOA's minutes that are distributed. Their reasoning is that the letters inform members of issues in the association and show them the grief--and expense--that some unreasonable owners cause board members and HOAs. Good or bad idea? Our experts weigh in. . . . keep reading
HOA Boards' Biggest Mistakes: Have You Made These Nine Blunders?
June 2011
If you're not careful, you can take huge missteps in overseeing your homeowner association. Here, we summarize what our experts consider the nine biggest mistakes HOA boards have made and explain what the boards should have done instead. . . . keep reading
HOA Litigation: How to Avoid It
March 4, 2011
Litigation gobbles up time and money, and your home owners association should do all it can to avoid becoming embroiled in it. In a new HOAleader.com article, we provide seven rules your HOA should follow to limit its risk of ending up in court. In this week's tip, we offer two of those rules. . . . keep reading
When Can You Remove Common Elements from Your HOA?; Discussion Forum Follow-Up
November 2010
Let's put our reader's question in biblical language: The association provideth. When can the association taketh away? . . . keep reading
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