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 to impose a ban without an owner vote.

The Facts

Plaintiff owned a Unit in the Echo Valley Condominium Association (the “Association”). Plaintiff complained to the Association that her neighbors smoked tobacco. She alleged that she could regularly smell it and that it exacerbated her existing respiratory health conditions.

Plaintiff informed the Association about her medical issues and asked the Association to address the smoking by creating a rule that all smokers in the Association should be required to seal gaps around doors and windows to prevent smoke from escaping. The Association declined to enforce a rule because neither the Association documents nor state law prohibited people from smoking in their homes. Continue Reading Smoking Ban Was An Unreasonable Request

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 publicly on a blog.

Facts.  In a 2017 case, an owner that lived in a no pets community applied to the Board requesting an emotional support dog, providing a doctor’s letter prescribing the dog. The Board didn’t want to deal with the request and kept putting it off, hoping it would go away. Meanwhile, a Board member told another owner about the emotional support animal request, and the owner, who was an active blogger and upset by the presence of a dog in their community, started blogging about the situation, naming the owner and poking fun at her need for an emotional support dog using cruel and chastising language. Continue Reading Can an Association’s Denial of a Valid Emotional Support Animal Request Create a Hostile Environment?

There are some new HUD (Housing and Urban Development) Rules that went into effect October 2016 which may have a significant impact on Condominium and Homeowners Associations, and although we very much dislike these new Rules for the reasons set forth below, it is important for Associations to be aware of these new liability traps.

The new HUD Rules state that there are two types of harassment (Quid Pro Quo and Hostile Environment) that are now recognized and identified by the FHA (Fair Housing Act). Continue Reading You Can’t Simply Look the Other Way—New HUD/FHA Rules that Affect Your Associations