The District of Columbia Court of Appeals has ruled that a board member of a homeowners association may be personally liable for violating the disability discrimination provisions of the fair housing laws by delaying action on a homeowner’s request for a reasonable accommodation in the enforcement of the association’s leasing restrictions.
When homeowners leased their home to a non-profit organization for occupancy by recovering alcoholics and drug addicts, the association board asked the homeowners to terminate the lease because it violated the HOA bylaws which prohibited leasing to anyone not named in lease and prohibited subleasing. After it received a request for waiver of the bylaw restrictions as a reasonable accommodation based on the disabilities of the sub-tenants, the HOA board approved the lease. Continue reading →
A Maryland county in the Baltimore-Washington DC region has enacted a new law which conditions issuance of a rental license for a property in a condominium or homeowners association on being current on payment of the condo/HOA assessments. The Howard County law requires property owners to certify they are no more than 30 days behind in payment of the association assessments when applying for a rental license.
Additionally, a rental license may be suspended or revoked if the condo or HOA notifies the County of a final adjudication that the owner is more than 30 days past due in payment of assessments.
The new law is intended to aid condos and HOAs by ensuring that property owners are paying their condo and HOA fees when receiving rental income and benefiting from the services and facilities provided by condos and HOAs, The legislation was passed by the Howard County Council in early May 2012 and goes into effect in mid-July.