Fair Housing

November 17, 2016

Is a Co-Owner Entitled to a Reasonable Accommodation to use Medical Marijuana Under the Federal Fair Housing Act?

On November 8, 2016, Florida, North Dakota and Arkansas joined 25 other states and the District of Columbia in approving the use of medical marijuana. Now that medical marijuana is legal in more than half of the states in the United States, medical marijuana use is becoming an issue that condominium associations are forced to deal with. Many condominium bylaws…
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October 19, 2016

Can Clearly Unenforceable Deed Restrictions Create Potential Liability for Your Association?

In 1948, the United States Supreme Court in Shelley v. Kraemer, 334 U.S. 1 (1948) declared that racially restrictive deed restrictions violated the Fourteenth Amendment and would not be enforced by the courts. However, it remained legal for property owners and realtors to discriminate on the basis of race privately. It took a full twenty years after the Supreme Court’s…
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August 3, 2016

Section 47a of the Michigan Condominium Act: Modifications and Improvements to Protect Persons with Disabilities

Persons with disabilities who reside in condominiums have several statutory protections available to them designed to prevent discrimination against the disabled.  These protections include the federal Fair Housing Amendments Act (“FHAA”), 42 USC 3604. The FHAA applies to housing, and to the provisioning of services in connection with housing.  While the FHAA addresses the circumstances where a person with a…
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July 28, 2016

What Community Associations Should Know About the Fair Housing Act and Its Impact on Pool Rules and Regulations

With the summer heat wave in full force, it is nice to enjoy a refreshing dip in the pool to cool down.  Also, pools are not only good for cooling down but also provide numerous other benefits, including family time without the distractions of today’s technology, fitness training, stress relief, therapy and helping to keep children active.  Additionally, community pools…
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