A recent federal court decision in U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), is instructive as to how boards of directors can put their associations at risk when they fail to make timely final decisions on accommodation...
Condominium and homeowner's associations are seeing an increase in the number of requests for accommodation of emotional support animals. That has correlated to rising numbers of disability discrimination lawsuits and claims of failure to accommodate. Educated board...
Keeping backyard chickens has become increasingly popular over the years as more and more people seek to live a sustainable and self-sufficient lifestyle. But is it legal for Michigan community association residents to keep chickens in the backyard of their...
In community association administration, disparate impact claims can arise when a seemingly neutral policy or practice has a disproportionate negative impact on a group protected by fair housing laws. For example, communities occasionally ask us whether they can...
On March 16, 2023, Governor Gretchen Whitmer signed a bipartisan bill officially expanding Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), which bars discrimination in employment and housing sectors. The ELCRA now protects against discrimination based on an...
The time is always right to do what is right. Martin Luther King, Jr. A new Michigan law went into effect on December 13, 2022 called the Discharge of Prohibited Restrictive Covenants Act (“Act”). This Act gives Michigan property owners and Michigan community...
The new presidential administration is expanding the government's enforcement of the federal Fair Housing Act ("FHA"). Community associations are subject to the anti-discrimination provisions within the FHA. The FHA expressly prohibits discrimination based upon "sex"...
A condominium association’s board of directors has a seemingly endless list of responsibilities, but one of the most important – at least in terms of its impact on the membership – is the adoption of an annual budget. In simple terms, adopting a budget requires the...
On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) issued new guidelines clarifying how housing providers can comply with the Fair Housing Act (FHA) in reviewing an individual’s request for an assistance animal. These requests often prove...
The decline of smokers and smoking within one’s home in recent decades has led many co-owners in attached units to expect a relatively smoke-free living environment. However, the legalization of marijuana, first for medical purposes and now recreational use, has...
The legalization of marijuana in Michigan concurrently provides a framework for its regulation and control. Association boards will be able to look to the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) (MCL 333.27951 et seq.), and the regulatory scheme...
In October 2016, the Department of Housing and Urban Development (“HUD”) adopted a final federal rule which guides how community associations should respond to certain types of discrimination claims in order to comply with the Federal Fair Housing Act. According to...