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Hirzel Law

Animals & Pets• February 3, 2020

The Top 3 Things You Must Know About HUD’s New Guidance on Assistance and Emotional Support Animals

On January 28, 2020, the Department of Housing and Urban Development (HUD) issued new guidance on how housing providers, such as condominium associations, homeowners associations and landlords, can comply with the Federal Fair Housing Act (FHA), 42 USC 3601 et seq. in evaluating requests for assistance and emotional support animals.  HUD estimates that 60% of all Fair Housing Act complaints relate…
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Illinois Condo & HOA Case Law• December 20, 2019

Resolving Satellite Dish Location Disputes: Sastin 2, LLC v Hemingway Association, Inc.

Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics.  For some issues, however, an association’s concern over the form of a structure potentially impacts its function creating a conflict between the interest of the association and the interest of the owner seeking to install the structure.  The installation and location of…
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Animals & Pets• April 4, 2019

HOA Violates the Fair Housing Act by Denying a Service Animal Clubhouse Access

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association.  Based upon the facts of the case, the court determined that the homeowners association…
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Fair Housing• January 16, 2019

#communityassociationstoo: Community Associations Liability for Sexual Harassment Under HUD Hostile Environment Rules

In the summer of 2013, Kayla West began looking for a house to rent in Georgia. She came across a rental home owned by DJ Mortgage, LLC, and contacted Gene Andrews, DJ Mortgage, LLC’s property and leasing manager. Ms. West entered into a lease agreement for the rental property, and between August 2013 and October 2013, Ms. West alleged that…
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Technology & Security• June 13, 2018

Wi-Fi Issues in Your Condominium Association or HOA

Wi-Fi has become a necessity for almost anyone who lives in a condominium association.  However, the law is often slow to evolve to new technologies and many master deeds or declarations were drafted before Wi-Fi even existed.  As a result, potential legal issues related to Wi-Fi use are rarely addressed in the governing documents of community associations. Accordingly, condominium and…
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