Articles

The Fair Housing Act allows communities intended for those over 55 to discriminate against young potential renters. At least 80 percent of units must be occupied, it states, by a person older than 55.

One Florida condo association of a 55-and-over complex is trying to get rid of a couple, both of whom are 44. According to the board of directors, the rules are clear. The age restriction is on the application, and the governing documents say that the complex is an “adult community.”

A U.S. Supreme Court ruling in 14 Penn Plaza LLC v. Pyett from earlier this year may have a significant impact on how your association or management company handles future labor disputes with unionized employees. According to New York attorney William Hummell, a partner at Kucker and Bruh LLP, employers of union employees can now enforce the alternative dispute resolution or arbitration provisions in their collective bargaining agreement rather than have an employment issue, such as a discrimination claim, resolved through protracted federal litigation.

Q  Over the years, we have had issues with association members who have made modifications to their homes without obtaining the necessary approval from the association. Also, as a result, suspicious members regularly make calls to the management office to ask if particular neighbors have been granted approval by the architectural review committee for whatever project the neighbor happens to be working on. Can you recommend any efficient way to put association members on notice of approved projects in the community?

Facts: A condo association's governing documents required members to obtain a permit before starting any renovations in their units. This rule was implemented to ensure that: (1) contractors were aware of the association rules so as not to disrupt other members; (2) all renovations were compliant with building codes; (3) contractors were registered with the city; and (4) contractors possessed sufficient insurance to cover potential damage to any of the units.

Facts: An association member who was also a lawyer filed a lawsuit against the association for alleged improprieties surrounding a special assessment for repairs and maintenance. Under the settlement agreement, the member agreed to write a letter to all members stating that he found no evidence of any self-dealing or any misappropriation of funds. The member refused to sign the letter, and several months later represented another couple living in the community. This lawsuit essentially alleged the same facts and causes of action.

Facts: A condominium association sued a town over who was responsible for repairing and maintaining the water lines from the public right-of-way to the community's shut-off valve. Usually, these shut-off valves are located on a public right-of-way or as close to it as possible. However, for an undetermined reason, the association's developer placed some of these valves well within the property lines of each unit owner. The trial court ruled for the town, and the association appealed.

Ruling: A New Jersey appeals court ruled for the association.

For co-op and condo boards waiting for the right time to make their buildings more energy efficient, this year may be the time to start taking steps to turn their desires into reality. In February 2009, President Obama signed The American Recovery and Reinvestment Act of 2009, often referred to as the Stimulus Bill.

Facts: A member's housecleaner filed a personal injury lawsuit against the association. While cleaning one of the condominium units, the housecleaner slipped and fell on a wet tiled exterior walkway. The walkway is a common area that leads from the member's condominium down a stairway to the door of his garage. The lawsuit alleged that the association knew about the danger created by the wet tiles on the walkway but failed to make repairs. The trial court granted a judgment without a trial in the association's favor. The housekeeper appealed.

Small claims court is used to resolve relatively minor civil disputes in a fair, low-cost, and timely manner. If the money damages that you're seeking are relatively small (typically less than $5,000, although the amount varies by state) and the association's preference is for a speedy, inexpensive hearing in a less-formal venue, then small claims court may be a viable option.

A homeowners association in Davenport, Fla., has filed for Chapter 11 bankruptcy protection, mainly for an unpaid bill of more than $100,000 to the development's cable company.

The bankruptcy petition listed two creditors holding unsecured claims against the association: an outstanding debt of $105,305.45 owed to a cable company and $50,000 for legal services provided by an Orlando law firm.