Significant Condominium and Homeowner Association Laws

 Posted on September 24, 2024 in Condominium & Homeowner Association Law

In the realm of homeowner’s associations (HOAs) and condominium law, attorneys play a pivotal role in ensuring compliance with important legislation such as the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). These laws are designed to promote equal opportunity and accessibility in housing, protecting the rights of people with disabilities. Navigating these complexities can be daunting, which is where assistance from legal professionals becomes especially valuable.

Understanding the Fair Housing Act

The Fair Housing Act prohibits discrimination based on things like race, color, religion, sex, national origin, familial status, and disability. For HOAs and condominium boards, this means that policies and practices must be carefully crafted to avoid any discrimination.

Lawyers play a major role in this, helping HOAs and condominium boards draft and review governing documents to ensure they comply with FHA mandates while also providing legal opinions on how to best supply reasonable accommodations for members with disabilities. Compliance is not simply an obligation. Compliance helps to support an accepting and inclusive community.

The Americans with Disabilities Act and Its Impact

The Americans with Disability Act complements the FHA by addressing important accessibility requirements for public spaces and accommodations. While the ADA focuses mostly on non-housing facilities, its principles influence the way HOAs and condominium associations handle common areas. Lawyers help both HOAs and condominium associations understand their responsibilities when it comes to accessible amenities like pool access and other enjoyable amenities.

Lawyers Help Foster Policy Development

An essential function of lawyers in HOAs and condominium associations include creating bylaws that specify reasonable accommodations or modifications. For example, some residents may need grab bars or ramps installed in their units to help facilitate mobility. Lawyers can guide boards on how to handle requests for accommodation respectfully and legally, ensuring residents’ rights are upheld.

Lawyers Help When Conflicts Arise

When disputes arise—be it complaints of discrimination or issues related to accessibility—lawyers become critical advocates for their clients. Attorneys can facilitate mediation between parties, represent clients in hearings or administrative proceedings, and help parties reach agreeable resolutions. This legal guidance protects individual rights and shields HOAs from potential lawsuits.

Contact an Arlington Heights, IL HOA and Condominium Lawyer

Lawyers play a major role in helping HOAs and condominiums follow the Fair Housing Act and the Americans with Disabilities Act. By helping others to uphold the law, attorneys ensure communities are fair and accessible to everyone, especially those with disabilities. This partnership not only protects individuals’ rights but also strengthens communities as a whole. For reliable legal help, contact the Cook County, IL HOA and condominium attorneys with Dickler, Kahn, Slowikowski & Zavell, Ltd.. Call 847-593-5595 for a private consultation.