Selection of association legal counsel is one of the most important decisions a community association board of directors will make. Engaging legal…
Over the last several years, websites like Airbnb, VRBO and HomeAway have made it easier to lease our homes to others. These websites have become big…
The Housing Opportunity through Modernization Act Reforms Federal Housing Administration Project Approval Requirements | Lexology
Since 2009, condominium associations have raised concerns about changes to the Federal Housing Administration (FHA) project approval requirements and…
Association books and records are the subject of considerable scrutiny, in and out of court. Association members demand and are entitled to access to…
On December 8, 2016, the Virginia Supreme Court issued (another) unpublished order in a matter involving a property owners association. This order, in Bodak, et al. v. Mayne, et al., finds that a private easement exists on a lot for access of the Shenandoah River that was established on a subdivision plat.
The full opinion and more info available after the jump.
HEATHER GRAHAM v. COMMUNITY MANAGEMENT CORPORATION (Record Number 161066)
From The Circuit Court of Fairfax County
Date Granted: 11-03-2016
On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al. v. Carriage Court II Homeowners Association, Inc., finding no reversible error in the judgment of the Circuit Court of Montgomery County that association was a valid property owners’ association subject to the Property Owners’ Association Act.
Carriage Court II continues a string of recent cases in Virginia related to the applicability of the Property Owners’ Association Act with an appeal granted in a similar matter, Shepherd, et al. v. Conde, et al. in September 2016.
The full text of Carriage Court II is available after the jump.
On September 14, 2016, HUD issued the final rule entitled Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act .
This final rule amends HUD’s fair housing regulations to:
- Formalize definitions of ‘‘quid pro quo harassment’’ and ‘‘hostile environment harassment’’ under the Fair Housing Act;
- Formalize standards for evaluating claims of quid pro quo and hostile environment harassment under the Fair Housing Act;
- Add illustrations of prohibited quid pro quo and hostile environment harassment to HUD’s existing Fair Housing Act regulations; and,
- Identify traditional principles of direct and vicarious liability applicable to all discriminatory housing practices under the Fair Housing Act, including quid pro quo and hostile environment harassment.
A further summary and the full text of the final rule are available after the jump.
After months (years) of negotiation and revision, HR 1301 was passed by the U.S. House of Representatives and is on its way to the U.S. Senate for consideration.
According to the Community Associations Institute’s Government Affairs blog, the amended version of HR 1301 provides, among other things, that:
- HAM radio operators are required to obtain the prior consent of the association to install an outdoor antenna
- HAM radio operators are prohibited from placing antennas on common property, and
- associations may establish written rules concerning outdoor HAM radio antennas.
The full text of the bill is available after the jump.