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
Non-action may no longer be a safe choice. In October of 2016, the United States Department of Housing and Urban Development (“HUD”) added certain provisions to the Fair Housing Act (“FHA”) which impose additional liability for condominium associations, homeowners associations, and landlords based on non-action. One of the main additions to the FHA was the
Condominium associations and homeowner associations are sued every day. These suits can arise based on construction claims, contract claims, negligence claims and various alleged statutory violations – We all know about the Fair House Act! Or the Wisconsin (or whatever state you are in) Consumer Act! Associations seem to attract people who feel that they
Sued! What Should Our Wisconsin Condominium or Homeowners Association Do NOW? Read More »
A Board’s blatant mishandling of an emotional support animal request led to the owner not only having a Fair Housing claim against the Association for wrongful failure to provide a reasonable accommodation, but also a claim for third-party harassment when the Association failed to step in and stop other unit owners from blasting the owner
A unit owner claimed that she needed an emotional support animal because of a disability, and provided a doctor’s note to the condominium association supporting this need. The unit owner selected a dog as the emotional support animal, and as a reasonable accommodation the association agreed to allow the dog into a no-pet building. The
Emotional Support Animal – Even the FHA Has Limits Read More »
Let’s face it, 2020 was rough and not everyone was nice about it. Hate crimes have increased dramatically over the last six years. Heightened political tensions have led to family quarrels and neighbor-to-neighbor feuds. And to top it all off, the COVID pandemic and corresponding lockdowns has made most of us a little stir crazy.
A unit owner, who is also an attorney, was renting his unit to his mother and believed that the condominium association board, the association, the property manager and the association’s attorney didn’t like him because of his Russian nationality. His mother, who allegedly had asthma and could not tolerate smoking, was upset because her Armenian
Smoking and the Unreasonable Unit Owner Attorney Read More »
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
Even though most private residential Associations are not subject to the Americans with Disabilities Act (the “ADA”), the Fair Housing Act (the “FHA”) still applies and protects owners who have service animals. In some cases, the Association has the right to ask the owner for documentation supporting the need for a service animal, but not
