Federal Law

Remember the hierarchy:

• Federal
• State
• Local
• Your HOA

Flag Act

Flag Act

• Reasonable time, place, and manner restrictions ok
• applies to individually owned property or limited common element

OTARD

OTARD

• Can't unreasonably delay, or prevent installation, maintenance or use
• Can't unreasonably increase cost
• Can't prevent acceptable signal
• CAN have other restrictions

FDCPA

FDCPA

• Also state counterpart
• Applies to debt collectors, not creditors
• Protects consumers from abusive collections practices
• Per se violations - attorney fees

FLSA, ERISA, OSHA, ADEA, etc.

ADA

ADA

• Applies to places of public accommodation
• Applies to few HOAs

HOPA

HOPA

• At least 80% of units must be occupied by at least one person 55+

FHA

FHA

• State and local counterparts
• Prohibits discrimination in housing based on protected classes

Protected Classes - Federal

• Race
• Color
• Religion
• Sex
• Familial status
• Disability

Protected Classes - Oregon

• All federal classes, plus:
• Source of income
• Marital status
• Sexual orientation
• Gender identity
• (and your locality might have more!)

FHA - Reasonable Accommodation

• An exception to a rule
• Resident must request
• Association pays unless unreasonable burden

FHA - Reasonable Modification

• A physical alteration
• Resident must request
• Resident pays, even if on common property

FHA - Other issues

• Group Homes
• Service Animals
• Liability

Questions?