Condo Law Series: Federal Law & Elimination of Bias

According to the Community Associations Institute, approximately 21% of Americans live in a condo, cooperative or other housing type governed by a homeowners or community association. What makes condominium associations particularly interesting to lawyers is that buildings worth tens or hundreds of millions of dollars, with revenues of several million dollars, are governed by volunteer boards with little or no experience in corporate governance, finance or the many other issues that must be decided by the boards. Management companies typically focus primarily on the management of the physical plant, receiving the association dues and preparing budgets, referring most of the other issues to legal counsel. This session focuses on the application of federal law to eliminate bias in condo associations. It covers the Americans with Disabilities Act, which is particularly important for condominiums as it affects allocation of parking spaces, treatment of therapy pets, accessibility to entrances and other facilities. It also addresses issues under the Fair Housing Act, such as accommodating different religious practices regarding door and holiday decorations and different requirements for facilities; and ensuring equal access to facilities by families with children under 18. Case law under these Acts will be discussed as well as the role of counsel in educating boards about diversity, inclusion and elimination of bias.