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 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 »
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 »
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 »
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
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 The parties to this suit both reside in a condominium association. Each party owns a unit, and each has parking spaces. The dispute is over the fact that when the Grudziecki parks their car in their parking spot, even within the lines, it is difficult, if not impossible, to access the ramp to the
Just Because a Resident Has a Disability, an Accommodation May Not Be Reasonable Read More »
Facts Plaintiff, Cohen (“Tenant”) and Defendant, Clark (another tenant, “Clark”) leased separate apartments in the same building on the same day, July 21, 2006. Both leases prohibited pets in the building or on the premises. Tenant picked the apartment in part because of its no pet policy, as she had a severe allergy to pet
Another Helpful Emotional Support Animal Case Read More »
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 »
