Handicap

Reasonable Modifications and the Fair Housing Act—Knowing the Law Can Help Your Association Proactively Avoid Lawsuits

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

Reasonable Modifications and the Fair Housing Act—Knowing the Law Can Help Your Association Proactively Avoid Lawsuits Read More »

YES Associations Can Deny a Request for a Reasonable Accommodation Under the FHA and WIN!!!

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

YES Associations Can Deny a Request for a Reasonable Accommodation Under the FHA and WIN!!! Read More »

Can a Group Home be Built in a Single Family Association under the FHA – YES

Facts Plaintiff, Harmony Haus and a resident, sued Defendant, Parkstone Property Owners Association (“Association”) under the Fair Housing Act (“FHA”) seeking an injunction and attorney fees for violation of the Civil Rights Act.  Association counter sued alleging breaches of deed restrictions.  Plaintiff is a sober living residence for individuals recovering from alcoholism and drug addiction. 

Can a Group Home be Built in a Single Family Association under the FHA – YES Read More »

Emotional Support Animals – If It’s Aggressive, It’s Not Reasonable

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 »

Must Your Association Ban Smoking as a Reasonable Accommodation? NO

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 »

Tackling Mental Health and Aging Issues in Your Community Association

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 »