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March 2014 Archives

Why Boards Should Not Ignore Bank Foreclosure Actions

Condominium and homeowners association Boards are often named as defendants and served with a summons and complaint when the holder of a first mortgage on a unit at the community association commences a foreclosure action against a unit owner. Boards typically don't understand why they have been served and may, particularly where there are no common charges due, simply file or throw the papers away. This is a mistake.

Reasonable Accommodation or Modification Under the Federal Fair Housing Act

Under the Federal Fair Housing Act (the "Act"), community associations are prohibited from discriminating against the protected classes in the provision of services or facilities with respect to residential housing. A person who is handicapped, who suffers from a physical or mental impairment that substantially limits one or more of such person's major life activities, is protected under the Act. Under the Act, community associations are required to make "reasonable accommodations" and "reasonable modifications." We find that many of our clients fail to make the distinction between these two separate and distinct obligations.