On December 20, 2001, the Secretary of the Department of Housing and Urban Development (“HUD”) issued a statement regarding religious expression in public housing. HUD was concerned public housing authorities might misconstrue HUD policy to discriminate against people celebrating faith-based events. In the words of HUD Secretary Mel Martinez: “Now more than ever, it is […]
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Articles, news, and legislative updates from the attorneys at CHDB Law.
Whose Holiday is it Anyway? Can a Community Association Regulate an Owner’s Display of Religious Holiday Decorations?
While community associations can regulate an owner’s display of religious holiday decorations, they must act carefully to avoid claims of religious discrimination. One Idaho community association recently learned this lesson the hard way. In Morris v. West Hayden Estates First Addition Homeowners Association, Inc., a husband and wife (the “Owners”) purchased a home within the […]
Changes in the Law Affecting HOA Collections in Chapter 13 Cases
In a significant reversal of current case law, the 9th Circuit Court of Appeals recently ruled that post-petition HOA assessments are dischargeable in a chapter 13 bankruptcy case.
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