2015

Rental & Leasing Restrictions November 23, 2015

The Impact of Short-Term Rentals on Condominium and Homeowner Associations: To Airbnb or Not to Airbnb?

Many condominium bylaws restrict or otherwise regulate a co-owner’s ability to lease the co-owner’s condominium unit. These restrictions are sometimes imposed as part of an effort to maintain property values, and sometimes to comply with the Federal Housing Administration’s Condominium Project Approval and Processing Guide which requires that at least fifty-one (51) percent of units be owned by owner-occupants. At…
Read More →
Condo and HOA Cases July 10, 2015

Texas Department of Housing and Community Affairs v. Inclusive Communities Project: Facially Neutral Bylaws, Rules, and Regulations May Subject an Association to Liability Under the Fair Housing Act

On June 25, 2015, the United States Supreme Court decided Texas Dep’t of Housing and Community Affairs v. Inclusive Communities Project, __ US __ (2015), a decision that affects community associations throughout the country, including in Illinois. In a surprise to many court observers, the Supreme Court endorsed the disparate impact theory of liability under the federal Fair Housing Act,…
Read More →
Animals & Pets January 12, 2015

Emotional Support / Companion Animals – Are People Claiming Disabilities to Get Around Pet Restrictions?

In the past 5 years, community living associations, such as condominiums, co-operatives and homeowner associations, are increasingly being inundated with requests for accommodations for emotional support and companion animals.  Many board members and co-owners feel that their neighbors are claiming a disability simply to get around pet restrictions in their communities.
Read More →