Michigan Condo & HOA Law

I recently heard from a co-owner who was complaining about a neighbor’s vicious pet and the board’s lack of concern with the problem. As a co-owner, she was wondering what her remedies to the problem might be.

Her first action needs to be a letter written to the board insisting that the board of directors enforce the condominium documents. The letter should also request that the board is insuring that the co-owner who has the pet has adequate homeowners insurance and is otherwise taking adequate measures to protect the residents and guests from the animal. She should point out to the board that if the bylaws allow the board to seek the removal of the animal, if it is in fact dangerous, that it has an obligation to seek to do so and the association may be vulnerable not only to persons damaged or hurt by the pet, but from the co-owners who have a right to pursue the board for failing to enforce reasonable condominium restrictions. Should the board refuse to act after receiving the letter, the co-owner should consult with an experienced condominium attorney in order to pursue legal action including a demand letter.

Posted by Robert Meisner at 9:47 AM | Permalink

I have recently read that some associations are considering buying defibrillators and training board members on how to use them in case of co-owners having heart attacks on common elements.

Although having a defibrillator on hand might seem like a good idea, it is fraught with liability risks and associations may incur additional liability. First, someone must be trained in the proper use of the defibrillator. If a person uses it wrong and injures or kills someone, the association could be sued for having inadequately trained the person. Also, someone must be responsible for maintaining the defibrillator and making sure it is in working order. If the equipment malfunctions, the association could be liable. The Association could also be liable if the person designated to respond to emergency calls for the defibrillator is late in arriving. While the idea is consistent with the caring and helpful nature of our society, it is laden with potential liability risk, and associations are best advised to consult with their attorney before venturing down such a road.

Posted by Robert Meisner at 7:42 PM | Permalink

I received a call not long ago from a board member whose association is considering letting members of the public pay to use their pool and clubhouse, and he was questioning the potential adverse circumstances that might arise.

Title III of the Americans with Disabilities Act of 1990 bans privately owned facilities that are open to the public from discriminating against people with disabilities and requires them to comply with accessibility standards. Most associations focus their discrimination training, if any, on avoiding violations of the Fair Housing Act, a law that applies directly to condominium associations. But if associations rent their community clubhouses for events and let members of the public pay to use their pool, both the clubhouse and pool become places of public accommodation and so must comply with Title III. Associations should take this into consideration before they move forward with such a decision.

Posted by Robert Meisner at 11:18 AM | Permalink