Unreasonable Accommodation

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Parked Cars
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 garage entrance and elevator area from the left side.  As a practical matter, unit owners who wish to access the elevator area must walk to the right side of the ramp when Grudziecki is parked there.  The Greenbergs, whose parking spaces are directly across from Grudziecki’s spot, wanted the court to order that that Grudziecki pull the car forward or move farther toward the left side of the parking space so that they could enter the elevator area from the left side, instead of being “forced to walk around the right side of the ramp, which is farther away from their parking spaces.”  Mrs. Greenberg is disabled and requires the use of a walker and entering from the left would save Mrs. Greenberg a few steps.  When the matter could not be resolved, the Greenbergs filed suit.
Continue Reading Just Because a Resident Has a Disability, an Accommodation May Not Be Reasonable

Guide Dog

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 always…and the case below illustrates how pressing for documentation when the Association is not entitled to it can end up being quite costly for the Association.
Continue Reading Documenting a Service Animal—Is the Association Allowed to Ask? The Wrong Answer will Cost You.

Smoking

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