Since assessments are fees for maintenance and use of utilities and not consumer debt, many association board members wonder if their communities are subject to the Fair Debt Collection Practices Act (FDCPA). Some may be surprised to learn most state and federal courts consider assessment to be “debts” according to this definition:
David J. Byrne, Co-Chair of Stark & Stark’s Community Association Group, authored an article for the March 21, 2011 New Jersey Law Journal’s Real Estate, Title Insurance & Construction Law supplement, entitled, The U.S. Fair Housing Act, Community Associations and ‘Companion Animals.’
The article discusses the United States Fair Housing Act in relation to whether or not a person with a mental or emotional disability should be allowed to have a “companion animal” living with them in a private community despite rules against pets, in the same way a physically disabled person is allowed a “service animal”?
Community Association Institute Members Meet with FHA to Discuss Condominiums On January 7th 2011, a delegation of CAI members met with policymakers at the Federal Housing Administration (FHA), presenting the agency with practical difficulties condominium associations face when qualifying for FHA’s condominium mortgage insurance program. CAI’s member delegation focused on three problem areas that are preventing homeowners in many condominium associations from using FHA programs:
Deed Restrictions on Investor-Owned Units & Owner Occupancy Requirements Lease Term Restrictions and Room Occupancy Limits Restrictions on Condominiums with Affordable Housing Units
Principles for Homeowners and Community Leaders
HOMEOWNERS HAVE THE RIGHT TO:
1. A responsive and competent community association.
2. Honest, fair and respectful treatment by community leaders and managers.
3. Participate in governing the community association by attending meetings, serving on committees and standing for election.