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Facts: In order to use his new motorized wheelchair, a disabled homeowner in a planned community modified his car to transport the wheelchair. Because of the modification, the car no longer fit in the owner’s garage. He asked the architectural review board to approve plans for a larger detached garage that he wanted to build on his property. The board denied the request. The owner resubmitted the request, making it clear that he was asking for a reasonable accommodation under the Fair Housing Act (FHA).

Facts: A condominium board sued a member for allegedly barring the association manager from accessing her unit to make repairs, among other claims. At the trial, the association’s only witness was its manager. He testified that the member had refused to let him into the unit to fix problems that had been discovered by the association. The member asked the court to dismiss the case, arguing that the association presented no proof that she had denied him access. The court agreed that the association lacked proof.

Community Associations Institute (CAI) is expressing support for proposed federal rules that accomplish two important CAI goals: (1) helping more homebuyers obtain safe mortgage financing; and (2) stimulating a housing market that has struggled since home prices began falling in late 2006. Both will provide more stability to community associations across the country.

A federal lawsuit has been filed involving discrimination allegations by homeowners in the upscale Blackhawk community of Contra Costa County, Calif. The owners, who are the only couple in the community with young children, say that the HOA has banned their children from playing outside their home, accessing common areas, or trick-or-treating in the neighborhood on Halloween.

Although the recession has passed, members of your community may still be struggling or just getting back on their financial feet again. Some may be stretched to pay for basic association costs. So announcing a special assessment might be the last straw. And even members who can afford a special assessment won’t be happy to pay unless it’s absolutely necessary.

The development of so-called live-work condominium buildings is picking up speed throughout the country in response to the proliferation of professionals who work from home. The condo hybrid creates a space that’s suited to work and residential needs. But the trend is not without its challenges: Some developers have experienced delays because building codes in most municipalities don't yet have provisions for these residential-commercial hybrids; the type of work the unit owner can engage in could also be subject to municipal oversight.

Facts: A condo owner and her neighbor had a disagreement. In retaliation, the neighbor “hid” a ceramic planter that belonged to the owner on a grassy, sloped area away from their units. The grassy area wasn’t intended for use by owners or their guests. While retrieving her planter the owner slipped and fell on the grassy slope, which was waterlogged from a rainstorm the night before. She broke her ankle. She sued the association and its management company.

Facts: A condominium board sued the owners of a condo to foreclose a lien issued for the nonpayment of common charges, and to recover the common charges and fees the owners allegedly owed. The owners counterclaimed, asserting that the board had no right to foreclose. The owners argued, among other things, that they already had overpaid common charges and that the board had “constructively evicted” them.

By Carol Johnson Perkins, Esq.

With the popularity of reality TV shows, hoarding is on everyone’s mind. Many of us collect or keep objects—perhaps more than we should—because they have sentimental value or we may “need them someday.” But compulsive hoarding is more than simply having too much clutter—it’s now recognized as a mental health disorder, under the new Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V) adopted by the American Psychiatric Association (APA) earlier this year.

Facts: A U.S. Air Force veteran lived in a Florida condominium unit for several years before getting a large dog in 2008. Although the homeowners association had a policy against keeping animals that weighed more than 25 pounds, the member agreed to take the dog from a coworker who couldn’t care for it anymore.