Michigan Condo & HOA Law

An issue came to my attention recently wherein a deaf co-owner requested that the condominium association provide an interpreter at their annual meeting. The condominium association replied that the co-owner should be required to provide her own interpreter. Who, if anyone, is ultimately required to provide deaf interpretation at community association meetings? The short answer is that both may be required to pay for deaf interpretation services.

The Fair Housing Act (FHA) requires that housing providers meet the reasonable accommodation requests of individuals when the requests relates directly to their disability. While the Fair Housing Act defines a housing provider as a landlord or entity that provides the homeowner with the dwelling, the 2004 Joint Statement of the Department of Housing and Urban Development and the Department of Justice indicate that court interpretation of a housing provider is much broader. “Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services” (HUD, DOJ, 2007.)

Moreover, the term “reasonable accommodation” is often defined differently based on the individual and the circumstance. Based upon the various definitions that one can conclude, any condominium and community association should consult with a knowledgeable condominium attorney if such an issue is raised in their community.

Posted by Robert Meisner at 1:53 PM | Permalink

Business as Usual
The third detail to which the association must pay special attention is maintaining the business of the association after a disaster. Community association boards should look into the possibility of contracting with vendors ahead of time, as every clean up crew in the county will be busy in the days and weeks following major disasters. Associations should also duplicate important records and keep them offsite. Such planning is very prudent as the association will be able to maintain a continuity of business if records are not destroyed.

In the weeks and months following September 11th, as well as the hurricanes which destroyed the Gulf Coast, we learned of the importance of disaster planning and how simple preparation can save a life. In light of what we now know, association boards should not take disaster planning nonchalantly. The better prepared and informed a community is, the better its chances of rising above the fray during unexpected disasters and perhaps saving its members time, frustration, and even lives.

Posted by Robert Meisner at 7:00 PM | Permalink

Safety First
Once the association has completed the time-consuming task of identifying risks, the board of directors must now focus on the safety of its residents by communicating the acknowledged risks to all co-owners. Co-owners should also be made aware that during major disasters they should be prepared for 72 hours without emergency aid or relief. They should stock food, water, and certain first aid supplies. A complete list of items that individuals should stock pile and how citizens can properly prepare for disasters can be found on the Department of Homeland Security’s website: www.dhs.gov/xcitizens.

During and following the aftermath of a disaster, community associations can run through a checklist of five things that will aid in maintaining the safety of their residents. The checklist includes the following: 1) Accounting for all residents. This can be a daunting task, especially in larger communities. The planning committee should establish a “grape vine” to check on individuals. If power lines are down, there should be a cul-de-sac “point man” that checks on his or her immediate neighbors. 2) Attend to the injured. Again, this can be a formidable assignment. A plan should be in place that allows for individuals to contact emergency organizations immediately. 3) Secure the community from vandalism and looting. 4) Remove storm debris. 5) Brace and support building structures to limit further damage.

If the residents are thoroughly informed on matters of safety, the chances are greater that more co-owners will be able to endure disasters without personal injury when the disasters occur.

Posted by Robert Meisner at 8:40 AM | Permalink

The Difference is in the Details
Once a planning committee has been created at your condominium association, their major task is to work through the various details of arranging a disaster relief plan for their community. There are three major details that every community association should consider. The first detail that must be well-thought-out is making a risk assessment. What are the major dangers your community may be at risk of experiencing? While it is true, there are not too many communities in Michigan which are located on a fault line, we have several communities which may very well be located in a flood area - Michigan has many lakes and a plethora of wetlands. The bottom line is to locate the obvious risk factors first no matter where you live.

There may be other risk factors which are not as noticeable as the nuclear power plant next door; fortunately, there is help for that too. In Michigan, one can gather information on assessing the not-so-noticeable risks by contacting www.michigan.gov/emd. From this point, one will be able to access the proper county or municipal emergency service agencies.

Many local county and municipal governments have established Local Emergency Planning Committees (LEPC). These organizations are in place to assist residents in developing their own plans and preparations in disaster anticipation. Also, community associations should contact their local police and fire departments to seek assistance in creating risk assessments and evacuation plans if necessary. Once the risk assessment has been completed, associations should contact their insurance agent to determine if they have the proper insurance in place. This should also include an assessment of the necessity of terrorism insurance.

Posted by Robert Meisner at 2:20 PM | Permalink

For years, disaster planning has become a way of life for individuals and communities located in the coastal states. From blazing wild fires to hurricane floods, acts of nature have taken disaster planning to another level. Due to Michigan’s lack of “news-worthy” disasters, many individuals may not see the benefit in spending time to prepare for disasters if and when they should occur. While Michigan does not see its share of wild fires or ferocious hurricanes, we have experienced some severe winter storms with power outages lasting for days. Even without major acts of nature, simply living in the shadow of September 11th, disaster planning should be a way of life, especially for the community association.

A Novel Idea
Many associations have beautification committees, finance committees, marketing committees, and any other committee a board member can create. However, how many associations have a planning committee whose sole responsibility is to develop a disaster relief plan? Such an idea should be taken very seriously with the committee being made up of management staff, board members and residents. Community associations should be proactive in this area as opposed to assuming that their management company has already thought out such details.

Posted by Robert Meisner at 8:16 AM | Permalink