A recent case in Pennsylvania, U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), ruled that The Dorchester Owners Association (“Association”) engaged in discrimination in violation of the Fair Housing Act (“FHA”) in connection with requests for assistance animals. Although the Association’s governing documents prohibited pets, the Association adopted several different rules in evaluating requests for [...]
What is the best way to handle a disabled resident requesting a driveway extension that violates our documents? Here’s a quick fact pattern... An association receives a request for a driveway extension because an occupant of the home is disabled and needs a larger driveway for mobility. The owner provided a detailed letter from a physician to support this request. [...]
Hatfields vs. McCoys: Does our Board Have to get involved in feuds between neighbors in our HOA/Condo? Short answer: It depends. Sorry to be vague, but, each situation between feuding neighbors needs to be carefully evaluated in light of some recent changes to Fair Housing laws. In 2016, Fair Housing laws were amended to document a community association’s potential liability [...]
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. Once a request for a reasonable accommodation/modification is submitted (either verbally or in [...]
Most community associations have a number of legal documents that govern the use of the property within the association. The documents may include, but are not limited to: the Plat, the Declaration of Covenants, Conditions and Restrictions (CC&Rs), the Bylaws, the Rules and Regulations, Architectural Guidelines, and the Articles of Incorporation. In addition to being governed by all of these [...]
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. In a community association context, a common example of a request for a [...]
