Articles

On September 17, 2020, a Michigan Court of Appeals panel unanimously held, in Riverbrook v. Fabode, that trial courts are “… required to consider reliability of methods employed by counselor as expert, as well as her final opinion in letter that tenant required an ESA because of a disability, before determining whether owner of mobile home park had refused to make a reasonable accommodation as required by the FHA.” Riverbrook v Fabode, No. 349065, 2020 WL 5580152 (Mich. Ct. App., Sept. 17, 2020). In Riverbrook, the trial court erroneously rejected the landlord of a mobile home’s evidentiary challenges to the reliability and methods of collection of the tenant’s medical documentation to support ​his reasonable accommodation request for an Emotional Support Animal (“ESA”). Because of the Court of Appeals ruling in Riverbrook, Housing Cooperatives seeking information from members in reasonable accommodation requests for emotional support animals, are now permitted to ask for reliable disability-related information. Although these reasonable accommodation requests should be considered on a “case-by-case” basis, Riverbrook provides additional guidance for what information Cooperatives may seek when considering the request.

This is my confession of how I became an ESA and not a pet. I can’t reveal my name, but let’s just say I’m a dog who is pretty good at typing. This a true story. (Just trust me on this.)

It is worth reminding Cooperatives of some basic pitfalls that may easily sink your summary or eviction proceeding against members. Whether your Cooperative has initiated an eviction for non-payment of monthly carrying charges or fees, or is terminating membership based on material non-compliance, a common question arises: What does the Cooperative do with that member’s monthly carrying or occupancy charges?

Personal injury lawsuits typically arise in housing cooperatives when a member, a person of a member’s family, or guest are injured on the Cooperative’s real property. Injuries can range from slip-and-falls, physical confrontations or fighting, to criminal assault and battery. Since the range of different types of cases in which a Cooperative may be defending claims seeking liability and damages, this serves as an important reminder to Cooperatives, of the legal responsibilities that Cooperatives owe. Specifically, this article focuses on those duties owed to non-members, such as guests.

Cooperative Housing organizations and their management companies are often faced with requests from guests to bring dogs and other animals onto the premises when visiting members. What should the cooperatives response be to these requests? In most cases the response will depend on the type of animal or dog involved. Not all animals are created equal according to the law. There are emotional support animals, service animals, and pets. What’s the difference?

The spring, summer and fall often bring Cooperative members out into common hallways, areas, and outdoors. With this activity brings the potential for member conflict.

The Management Agreement between an association and a management agent outlines the contractual obligations and expectations between the association and the management agent. These contractual obligations define the duties and responsibilities of the management agent for the management and operation of the association. They also provide for the duties and responsibilities of the association, as effectuated through its Board of Directors. Equally as important to the management duties and operational provisions in the Management Agreement, so too are the insurance and indemnification provisions.

We have all bore witness to the breakdown of the professional relationship between an association and its management agent. Once the management agreement is terminated and a new management agent is selected, the next step for the association is to begin the transition process from the prior management agent to the newly selected management agent. It is expected that the transition process be seamless and professional, and many times the association’s board of directors leaves the professional transition to its hired professionals. While many times transitions go smoothly, what happens when it doesn’t?

Our Cooperative maintains its own insurance policy covering the buildings, exteriors and common areas. After some recent requests for replacements and repairs, and instances of units suffering damages, our Board of Directors is concerned with finding ways to trim costs in paying for damages that occur within the dwelling units, while ensuring that adequate insurance policies cover both the exterior buildings and common areas, but also everything within the units. Are there any ways that the Cooperative can save on having to go out of pocket to cover damages that would otherwise be covered in a traditional homeowner’s insurance policy?