Disaster Assistance Fairness Act

The term residential common interest community means a nonprofit mandatory membership organization comprising of owners of real estate described in a declaration or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of a unit of the real estate, is obligated to pay for a share of—

(A) real estate taxes;

(B) insurance premiums; and

(C) maintenance or improvement of, or services or other expenses relating to, common elements, other units, or any other real estate other than the unit described in the declaration.

The term condominium means a multi-unit housing project—

(A) in which each dwelling unit is separately owned;

(B) the remaining portions of the real estate of which are designated for common ownership solely by the owners of the dwelling units, each owner having an undivided interest in the common elements; and

(C) which is represented by a condominium association consisting exclusively of the owners of each dwelling unit, which is, or will be responsible for the operation, administration, and management of the project.

The term housing cooperative means a multi-unit housing entity in which each dwelling unit is subject to separate use and possession by 1 or more cooperative members whose interest in such unit, and in any undivided assets of the cooperative association that are appurtenant to such unit, is evidenced by a membership or share interest in a cooperative association and a lease or other document of title or possession granted by such cooperative as the owner of all cooperative property.

(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(2) by inserting after subsection (c) the following:

The President shall issue rules which provide that removal of debris or wreckage from real estate owned by a residential common interest community resulting from a major disaster is in the public interest when a State or local government determines in writing that such debris or wreckage constitutes a threat to life, public health or safety, or the economic recovery of the residential common interest community.

(1) in clause (i) by striking and at the end;

(2) by redesignating clause (ii) as clause (iii); and

(3) by inserting after clause (i) the following:

(ii) the repair of essential common elements of a condominium or housing cooperative (such as a roof, exterior wall, heating and cooling equipment, elevator, stairwell, utility access, plumbing, and electricity) if an individual’s or household’s pro rata share of essential common element repair costs are satisfactorily documented; and