H.R. 3777, the Disaster Assistance Fairness Act
CAI supports the Disaster Assistance Fairness Act of 2023 (H.R. 3777) because it: Allows FEMA's Public Assistance Program to reimburse costs related to disaster debris removal from community association roads and waterways. Allows FEMA's Individuals and Households Assistance Program to provide assistance to condominium unit homeowners for critical common element repairs after a natural disaster.
H.R. 4465, the Making Condos Safer and More Affordable Act
CAI supports the Making Condos Safer and More Affordable Act (H.R. 4465) because it: Expands the scope of available loans for condominium structural repairs through opening up key federal programs Allows FHA-insured condominium association loans to be used for the rehabilitation, alteration, repair, improvement, or replacement of a condominium project’s common systems, infrastructure, and facilities
H.R. 4035/S. 2623 Protecting Small Business Information Act of 2023 (Corporate Transparency Act Fixes)
CAI supports the Protecting Small Business Information Act of 2023 (H.R. 4035/S. 2623) because it: Delays implementation of the Corporate Transparency Act by 1 year to allow for additional time to implement needed fixes to the law and protect community association homeowners
H.R. 1477/S.722, the Freedom to Invest in Tomorrow's Workforce Act
CAI supports the Freedom to Invest in Tomorrow's Workforce Act (H.R. 1477/S.722) because it: Expands eligible uses of tax-favorable 529 savings plans to cover costs associated with workforce training and credentialing programs such as CAI’s education and credential opportunities
H.R. 4006/S.3690, the Amateur Radio Emergency Preparedness Act
CAI opposes the Amateur Radio Emergency Preparedness Act (H.R. 4006/S.3690) because it: Isn't needed to support existing community disaster responses. This type of legislation is an attempt to circumvent community rules and take decision-making authority away from community association homeowners. Not only is this unnecessary, it degrades the underlying concept of community association governance, which is based on private contractual obligations of the community’s homeowners.
Learn More About Current Federal Statutes and Rules Applicable to Community Associations
Americans with Disabilities Act
USC 42-126 and USC 47-5 protect individuals with disabilities from discrimination in housing and employment opportunities.
Fair Debt Collection Practices Act
USC 15-1692-1692(p) governs the collections of debt, setting limitations on the practices that debt collectors can engage in when collecting a debt, and establishing a baseline of consumer protection for individuals with debts.
Fair Housing Act
USC 42-45 protects individuals from acts of discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in related activities.
Freedom to Display the American Flag Act of 2005
This act of Congress prohibits condominium associations, cooperative associations, and community association managers from prohibiting the display of the American flag on property which is exclusive to a unit. It allows for reasonable rules and regulations on time/manner/place and to protect common areas.
Mortgage Financing
The current mortgage finance system is dominated by two congressionally chartered companies, Fannie Mae and Freddie Mac. These companies support the mortgage finance system by ensuring mortgage lenders have a stable supply of funds to lend to homeowners.
Over the Air Reception Devices Rule
This rule from the Federal Communications Commission governs the use of amateur radio antennas by homeowners- it allows the placement of antennas that meet height restrictions on private property. The rule allows community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use antennas, as well as restrictions needed for safety or historic preservation. Restrictions on common areas are also allowed.
Servicemembers Civil Relief Act
USC 50-501-597b protects active-duty service members from civil legal proceedings while on deployment, including foreclosure proceedings.
Flying of American Flags in Community Associations
A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Housing Assistance Funds
H.R. 1319 created a Homeowner Assistance Fund where "homeowner’s association, condominium association fees, or common charges” qualify as expenses that may be paid from the fund. This marks the first time the federal government has elevated payment of community association assessment delinquencies to the same level as mortgage delinquencies in emergency housing legislation.
Only those states electing to participate in the Homeowner Assistance Fund will receive an allocation to create state Homeowner Assistance Fund programs.
Bankruptcy Reform
S. 256 created the Bankruptcy Abuse and Consumer Protection Act of 2005, which directly impacts the amount that associations are able to collect from delinquent common assessments.
Federal Housing Agency (FHA)
The Federal Housing Administration operates within the U.S. Department of Housing and Urban Development (HUD). FHA can issue mortgage insurance on homebuyer loans, and is responsible for setting rules and regulations to implement its programs.
Federal Housing Finance Agency (FHFA)
The Federal Housing Finance Agency (FHFA) was established by Congress to oversee Fannie Mae, Freddie Mac and the Federal Home Loan Banks following the financial crisis of 2008. CAI is working to ensure that residents of community associations have access to fair and affordable mortgages through our engagement with FHFA.
Other Resources
Become a CAI Advocate
If state or federal legislation impacting your community is introduced, you can sign up to receive an advocacy alert email that includes easy ways for you to act. The more people that act, the better we can protect people living and working in community associations.