The information provided by HOPB is for educational purposes only and it's not meant to provide or to be construed as legal advice. Any legal questions, should be directed to your attorney. We cannot respond to questions regarding the law.
Americans with Disabilities Act of 1990 (ADA)
42 U.S.C. §§ 3601-3631 - prohibits discrimination and ensures equal opportunity for persons with disabilities in all public and government facilities, which may include facilities that are part of a common interest development if they are open to the public.
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) denies a discharge in bankruptcy for a debt for a fee or assessment arising from a debtor's interest in a lot in a homeowners association for as long as the debtor retains specified interests in such lot.
Fair Debt Collection Practices Act (FDCPA)
Fair Debt Collection Practices Act (FDCPA) provides limitations on what debt collectors can do when collecting certain types of debt. Homeowners Associations' assessments are considered consumer debt.
We recommend watching a video published by TNCourts outlining what collectors can, and cannot do to collect a debt under the Act.
Homeowners Associations And Their Counsel Must Comply with the Fair Debt Collection Practices Act In Sending Out Debt Collection Letters Required Under The California Davis-Stirling Act Threatening To Record A Lien Based On Delinquent Assessments.
Fair Housing Act (FHA)
Fair Housing Act (FHA) - The Act prohibits housing discrimination based on race, color, religion, sex, familial status, national origin — and disability. We are providing a video by C-SPAN covering the enforcement of the Act for educational purposes.
Freedom to Display the American Flag Act of 2005
Freedom to Display the American Flag Act of 2005 prohibits real estate management organizations from restricting homeowners from displaying the flag of the United States on their property.
The Servicemembers Civil Relief Act (SCRA)
Over-the-Air Reception Devices Rule (OTARD)
Over-the-Air Reception Devices Rule (OTARD) - 47 CFR § 1.4000 - has been in effect since October 1996 and prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. Homeowners Associations cannot prohibit or adopt restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.
GOVERNMENT AGENCIES & RESOURCES
- Federal Housing Finance Agency (FHFA) regulates federal home loan banks.
- Statement on HOA Super-Priority Lien Foreclosures
- Statement of the FHFA on Certain Super-Priority Liens
- Statement of Alfred M. Pollard, General Counsel, FHFA, before the Nevada State Legislature Judiciary Committee
- Statement on Authorized Enterprise Servicers Reliance on Legal Standards in Homeowner Association Foreclosure Proceedings (release date 4/29/2016)
- U.S. Department of Housing and Urban Development (“HUD”) develops and executes policies on housing and metropolises.
- Federal Trade Commission (FTC)
Federal Emergency Management Agency (FEMA) coordinates the response to a disaster that has occurred in the United States and that overwhelms the resources of local and state authorities.
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