Modification Requests
I recently received a question for a co-owner regarding a modification request to the exterior of his unit to accommodate his sister-in-law who visits frequently and who is also in a wheelchair. He has asked the association for permission but the managing agent, it appears on his own, has denied his request.
The Michigan Condominium Act as well as the Michigan Handicappers Act and federal law clearly provide that you are entitled to reasonable access to your unit if you are handicapped. Moreover, the Michigan Condominium Act provides that if a person who regularly visits your unit is disabled, then you have a right to seek approval from the association to make modifications to provide access to that disabled person. The association is under an obligation to allow you to make the modification assuming it is reasonable although it will be at your cost. Moreover, if the managing agent is unilaterally denying you such approval, that matter should be brought to the attention of the board of directors as it is not the management company’s responsibility to unilaterally make such a decision which, in my judgment, would be a basis for that management company being terminated.
