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 »
Davis v. Echo Valley Condominium Association, No. 17-12475 (E.D. Mich. Nov. 7, 2018) Summary The Eastern District of Michigan court held that a smoking ban demanded by a disabled owner was an unreasonable accommodation for purposes of the Fair Housing Act since the measure was not approved by the owners, and the Association was powerless
Smoking Ban Was An Unreasonable Request Read More »
