Tag Archives: greater

HOA Turnaround Case Study: Lancaster Condos

This month, we focus on how another association righted its listing ship by pursuing legal remedies against delinquent owners. Lancaster Condominium Association went from having more than half of its 90 units in foreclosure–with an even greater number delinquent in assessments to the association–to financial solvency by using aggressive legal…

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FHA Issues Waiver on Leasing Restrictions

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

Leasing restrictions have been one area of the FHA condominium guidelines that has caused problems for associations seeking to get FHA approvals. CAI has brought this issue to FHA’s attention and has petitioned FHA to review these criteria. On March 18, 2011, FHA issued a waiver that will provide greater flexibility on leasing restrictions under the FHA condominium insurance program. This means that many condominium associations whose FHA approval was rejected due to rental restrictions may now qualify under the FHA waiver
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SC: Age restrictions force couple from community

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

Ed and Barbara Bohannon packed the rest of their belongings at their Haven at New Riverside home Friday, ending an 18-month struggle to stay in the greater Bluffton age-restricted community that began when their two grandchildren came to live with them after their widowed and abusive father lost custody
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11th Circuit Finds Rental Ad does not Violate Fair Housing Act

Fair Housing Center of the Greater Palm Beaches, Inc. v. The Shutters Condominium Association, Inc., No. 09-16184, U.S. App. Ct., 11th Cir., July 29, 2010.

A Florida condo association posted an ad on Craigslist offering a condo for rent and including the statement, “Sorry, no kids or pets.”  Upon reading the ad, the Fair Housing Center of the Greater Palm Beaches (Center) obtained copies of the association’s CC&Rs, which included two provisions restricting the age of residents to 18 and older. 

The Center filed charges against the association with the Department of Housing and Urban Development for violations of the Fair Housing Act based on familial discrimination.  Subsequently, the Center brought suit in Florida district court against the association. The district court determined that the Center failed to show that the association actually discriminated against any person on the basis of familial status.  The jury returned a verdict in favor of the association.

On appeal, the appellate court affirmed the prior judgment, and determined that there was no evidence to support the Center’s claims that the advertisement discriminated.   In fact, the Center admitted, “no one was turned away” as a result of the ad. 

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