Facts Plaintiff, Linder (“Tenant”), entered into a lease in October 2016. Tenant agreed in the lease not to bring dogs, or other animals on the premises. Five months later Tenant asked the Landlord if she could have an emotional support animal. She gave one of the internet letters to support her need for the animal. […]
FINALLY, a Helpful Emotional Support Animal Case Read More »
Did you know that homeowners have the right to request reasonable modifications to the common area if they are disabled and the proposed modification helps them use and enjoy the property as it is meant to be? The federal Fair Housing Act provides as much, and protects disabled condominium and HOA owners who may require
Facts Defendant, Acacia on the Green (“Association”), is a 273-unit condominium in Ohio. The Association has a common grilling area because the Association bans grills on patios and balconies because of, among other things, the fire code. Weiss and Phillips, two Unit Owners, wanted grills on their patios: Weiss asked for a grill and demanded
Facts In May of 2016 the Association implemented a rule that allowed owners to bring furniture to the pool area for their use “but they must remove these items daily when they leave the pool area.” Unit Owner claimed he needed a reasonable accommodation to leave his orthopedic lounge chair at the pool for medical
Residents are Not Owed Preferred Accommodations for Disability Read More »
United States of America v. Aqua 388 Community Association 2023 WL 6890753 US Dist Ct., C.D. California (October 6, 2023) What you need to know:
Parking for Handicapped Individuals – Denying a Reasonable Accommodation is Costly Read More »
Facts In 2015, Unit Owner’s dog, Maggie, was an 11-year old golden retriever. Maggie bit another dog living at the Association and had previously “displayed aggressive behavior or injured another dog” at the Association. After the latest bite, the Association issued a notice of violation that Maggie had to be removed from the Association. The
Emotional Support Animals – If It’s Aggressive, It’s Not Reasonable Read More »
Summary If smoking is otherwise allowed in your association, you do not need to ban it as a reasonable accommodation for a person with asthma. The Facts Phyllis Davis suffers from asthma but lives in a condominium complex that allows residents to smoke in their units. Davis claimed that the smoke from a neighboring unit
Must Your Association Ban Smoking as a Reasonable Accommodation? NO Read More »
Mental health issues can impact community associations in a myriad of ways. Often Associations become the “reluctant care provider” (owners have no family/next of kin, or the family “dumped” the owner in the Association rather than in a care facility). This can be true of older residents (“aging-in-place”) as well of younger residents. The COVID
Tackling Mental Health and Aging Issues in Your Community Association Read More »
