An Ohio developer was recently sued by the US Justice Department in Federal Court for violating condominium fair housing requirements in the property's construction. For more details on this story, please click the following link:
Kaman & Cusimano routinely handles and advises its community association clients on fair housing related issues. According to Kaman & Cusimano partner Robert Kmiecik:
"This lawsuit was appropriately brought against the developer, builder and other parties that actually constructed or designed the condominium. It is likely that the control of the association had not yet passed to the owners. Where such control has passed, the association itself may be named as a “nominal” party as it has control over the common elements where many of the alleged deficiencies are located. As such, the association would need to be involved in any decision or court order requiring changes to be made in such areas, but without bearing the costs of the modifications."
Further, Kmiecik notes that "Otherwise and ordinarily, an association is only required to grant “reasonable accommodations” to disabled persons upon request and any modifications to a unit or the common elements are generally at the owner’s expense."
To avoid litigation, when confronted with a fair housing issue, Kaman & Cusimano service option community association clients should contact our attorneys for advice and counsel.