Fair Housing Claim Against Homeowner Association Director Allowed by District of Columbia Appeals Court

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

HOT TOPICS IN COMMUNITY ASSOCIATION GOVERNANCE!

Fair Housing, Assessment Collection, and Governing Documents are the featured topics at a FREE educational event for board members and managers presented by Thomas Schild Law Group.

Keep current on legal news and trends which affect condominium associations, homeowners, and housing cooperatives in Maryland and the District of Columbia by attending HOT TOPICS IN COMMUNITY ASSOCIATION GOVERNANCE on Saturday August 26, 2017 in Rockville, Maryland.

Attorneys Thomas Schild, Scott Silverman, and John Tsikerdanos will highlight recent court decisions, laws and federal regulations which impact the governance of every community association!  Sessions include:

>>> Understanding and Amending the Governing Documents

>>> Show Me the Money–Tips for Collecting Delinquent Assessments

>>> Avoiding Fair Housing Harassment and Accommodation Claims

Advance Registration is REQUIRED–Seating is Limited.

REGISTER NOW.

 

Posted by Thomas Schild Law Group, LLC, attorneys for condominiums, homeowner associations and housing cooperatives in Maryland–including Montgomery County, Prince George’s County, Howard County, Frederick County, and Baltimore County; and in Baltimore City and  Washington, D.C.

 

 

 

District of Columbia Condominium Law Amended To Require New Owner Notices

The District of Columbia Condominium Act has been amended to require new notices and information be provided to condominium purchasers and unit owners.

When a condominium advises the owner of its intention to take legal action to collect any past due amount owned by the unit owner, the owner must be provided with a statement of account showing the total amount past due, including a breakdown of the categories of amounts claimed to be due and the dates those amounts accrued. Continue reading

Snow Disaster Aid Not Available For Community Associations

The Blizzard of 2016 left over 2 feet of snow blanketing many parts of Maryland, Washington D.C. and other areas from Virginia to New York.   To help with clean-up efforts after the historic storm, the District of Columbia and states throughout the mid-Atlantic region are expected to seek federal disaster funds.

Although many community associations have private roads which are available for public use, no federal snow clearing funds will be available for association roads and other common property.  Condominiums, housing co-ops, and homeowner associations are not eligible to receive federal funds to clean-up and repair common property after a natural disaster.

Under current law, the Federal Emergency Management Agency (FEMA) regards community associations as business entities, and therefore ineligible for most forms of federal disaster response and recovery assistance which is available to state and local governments. And, individual condo and co-op owners are not eligible for funds to repair commonly-owned building components..  That would change if Congress enacts legislation now pending in the United States House of Representatives.

The Disaster Assistance Equity Act of 2015 (HR 3863) would allow all community associations to receive funds for the removal of snow, trees and debris obstructing roads and for repair of critical community infrastructure that provide essential services of a governmental nature.  It would also allow condo and co-op owners to receive funds to repair commonly-owned items such as roofs, exterior walls, and elevators.

With all seats in the House and one-third of Senate seats up for election in 2016, now is the perfect time for community association leaders and residents to let their congressional legislators know the importance of enacting legislation to allow the availability of federal disaster aid funds for clean-up and repairs in community associations.

Posted by: Thomas Schild Law Group, LLC, attorneys for condominiums, homeowner associations, and housing co-operatives in Maryland and Washington, D.C.

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