TEXAS DEP’T OF HOUSING AND COMMUNITY AFFAIRS V. INCLUSIVE COMMUNITIES PROJECT: FACIALLY NEUTRAL BYLAWS AND RULES AND REGULATIONS MAY SUBJECT AN ASSOCIATION TO LIABILITY UNDER THE FAIR HOUSING ACT

On June 25, 2015, the United States Supreme Court decided Texas Dep’t of Housing and Community Affairs v. Inclusive Communities Project, __ US __ (2015), a decision that affects community associations throughout the country, including in Michigan. In a surprise to many court observers, the Supreme Court endorsed the disparate impact theory of liability under the federal Fair Housing Act, […]

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Religious Freedom and Community Associations: How does the Religious Freedom Restoration Act Impact Condominium and Homeowner Associations?

In 1993, the federal government enacted the Religious Freedom Restoration Act (“RFRA”).  The purpose of the RFRA was to allow a person to avoid complying with any law that interfered with the exercise of their religious freedom unless there was a compelling governmental interest behind the law and the least restrictive means of furthering that compelling governmental interest was utilized.  […]

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Emotional Support / Companion Animals – Are People Claiming  Disabilities to Get around Pet Restrictions?

In the past 5 years, community living associations, such as condominiums, co-operatives and homeowner associations, are increasingly being inundated with requests for accommodations for emotional support and companion animals.  Many board members and co-owners feel that their neighbors are claiming a disability simply to get around pet restrictions in their communities. Unlike service animals, which are regulated under the Americans […]

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