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 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 neighbor would smoke inside her own unit and on her limited common element patio and the smoke would seep through the mother’s open windows. The unit owner demanded that the association board prohibit smoking inside of all of the units. When the board refused, he brought a 200-paragraph lawsuit alleging seven various causes of action, including discrimination, breach of fiduciary duty, and breach of various alleged laws. Continue Reading Smoking and the Unreasonable Unit Owner Attorney

Under the law in most states, and certainly in Wisconsin, the Board of your condominium association controls any changes to the exterior appearance.  This is generally based on a statute that can’t be changed even by the governing documents.  However, things are changing.  Across the country many laws are being passed that require the Board of Directors of various condominium associations to approve certain changes to the exterior.  This can range from artificial turf to solar panels.  In addition, the world is changing relative to emotional support animals, sexual harassment and security.  Continue Reading 2018 Condo & HOA Issues

Governing Documents for Condominium and Homeowner Associations don’t age well. They are not like a fine wine.  They are more like cheap cheese.  Remember, they were likely written by a developer who really only cared about them until it had sold all of its units or lots (assume 10 years or less).  So if your documents were written before 2008, it is unlikely that they have anything in them to deal with:

  1. Emotional Support Animals;
  2. Drones;
  3. Short Term Rentals (AirBnB was founded in 2008 in San Francisco);
  4. Medical Marijuana; or
  5. Unit or Lot Owners buying insurance to cover a large insurance deductibles that could be assessed against them if their actions cause an insured loss.

Continue Reading Our Governing Documents Have Aged Nicely