Ronald L. Perl, Esq., CCAL, partner-in-charge of Hill Wallack’s Community Associations Practice Group, will be speaking at this year’s CAI-Pennsylvania/Delaware Valley Conference & Expo on Thursday, May 9, 2019, at the Valley Forge Casino Resort in King of Prussia, PA.

Ron’s educational program, “Expanded Fair Housing Liability for Associations – Exposure for the Illegal Acts of Residents,” will take place from 9:45 A.M. to 10:45 A.M. The program description is as follows:

Most community association boards and managers know that the Federal Civil Rights Act prohibits housing discrimination and that the Fair Housing Amendments Act of 1988 added handicap and familial status to the groups protected by the law. Less well-known is the fact that in 2016, the U.S. Department of Housing and Urban Development (HUD) enacted regulations which expanded the scope of community associations’ liability for housing discrimination. The regulations establish potential liability for associations based on the discriminatory actions of residents over whom the association has no direct control. This session will discuss these regulations and why associations now must be actively involved in addressing resident vs. resident discriminatory conduct.

Hill Wallack’s Community Associations Practice Group will also be exhibiting during the show, which runs from 10:45 A.M. to 5:00 P.M., so stop by to talk to our attorneys and drop your business card for a chance to win our giveaway.

For more information or to register to attend the Conference & Expo, click here.

By Ronald L. Perl, Esq. CCAL

In a decision issued on April 22, 2019, the United States Court of Appeals for the Third Circuit has determined that rules providing for sex-segregating swimming schedules (separate women-only and men-only times) violate the federal Fair Housing Act (“FHA”), 42 U.S.C. §§ 3601 et seq.

In 2016, the 55+ age-restricted community, A Country Place Condominium Association, in Lakewood, NJ, adopted rules for the use of its community pool, which designated certain hours when only members of a single sex were allowed to swim. This was done, according to the case, to accommodate the approximately 2/3^rds population of Orthodox Jews living in the association and the Orthodox Jewish principle of modesty. This principle means that the Orthodox residents are not supposed to swim at a time when members of the opposite sex might be present. According to the decision, men’s swim time encompassed 32.5 hours per week while 33.5 hours were allocated to women’s swims. Only 25 hours were open to mixed swims, of which 13 hours were on Saturdays when Orthodox residents would not swim due to the Jewish Sabbath.

Three individuals (“plaintiffs”) who challenged these rules were found in violation and fined by the association. They filed a complaint in federal court alleging violations of the FHA and the New Jersey Law Against Discrimination. After discovery in the trial court, both the plaintiffs and the association filed motions for summary judgment. The District Court ruled in favor of the defendant association because it found that “the gender-segregated schedule applies to men and women equally.” The plaintiffs appealed.

Jonathan H. Katz, Esq., a partner in Hill Wallack’s Community Associations Practice Group, will be speaking at this year’s CAI-PA/Del Val – New Jersey Regional Council 2018 Legal & Legislative Update.

Join CAI as we review legislation and regulations that became law in the past year and will provide an update on legislation pending in the current legislative session in Trenton. We will also review relevant case law decided in the past year, including cases involving transition, dispute resolution, and collection issues. Then join us for a Happy Hour immediately following the program.

P.J. Whelihan’s Pub + Restaurant 
1854 Marlton Pike East
Cherry Hill, NJ  08034

This Course is approved by the Community Association Managers International Certification Board (CAMICB) to fulfill continuing education requirements for the CMCA® certification. This course will earn managers two (2) continuing education credits, which also help satisfy the requirements to apply for the PCAM designation.

Happy hour is included with your registration! Enjoy appetizers and drink tickets following the program.

For more information or to register, click here.

By Caroline Record, Esq.

In September 2016, the U.S. Department of Housing and Urban Development (“HUD”) released final regulations relating to housing discrimination, which now require community associations to investigate claims of harassment by one resident of another resident who is a member of a  “protected class.” Under the Fair Housing Act, a protected class includes race, color, national origin, religion, sex, familial status and disability/handicap. In the past, if an association resident harassed another association resident, the association’s board or community manager may have viewed this as a personal issue, which would not be within the association’s scope of responsibility to investigate/address. This position was based on the belief that the association neither encouraged nor participated in the alleged harassing conduct and, therefore, could not be responsible for the conduct of its residents.

Hill Wallack LLP‘s Community Association Practice Group will be exhibiting at the 2015 New Jersey Cooperator’s Condo, HOA and Co-op Expo on Saturday, May 9, 2015, 10:00 a.m. to 4:30 p.m., at the Meadowlands Exposition Center in Secaucus, New Jersey.

Join board members, property managers, building owners and real estate professionals and meet building service companies, attend educational seminars and get your questions answered by a member of our team at Booth 600.

For more information or to register to attend, click here!