I. PETS

A. Types of Restrictions:

1. All pets are prohibited - “No animals shall be kept or maintained anywhere on the condominium premises.” 

2.  No pets without written permission of the Association - “No animals shall be kept or maintained on the condominium premises without the prior written consent of the Board of Directors.”

3. Limit the number of pets - “No more than one (1) dog or one (1) cat may be kept or maintained anywhere on the condominium premises.”

4. Limit the number and size of pets - “No more than one (1) dog or one (1) cat, neither of which shall exceed 30 pounds in weight, shall be kept or maintained anywhere on the condominium premises.”

5. Allow cats only - “No animals, except one (1) cat shall be kept or maintained anywhere on the condominium premises.”

B. Accommodating handicappers/persons with disabilities:

1. Various Federal and State laws (Fair Housing Act, Americans With Disabilities Act, and Persons With Disabilities Civil Rights Act of Michigan) requires the reasonable accommodations and rules, policies, practices or services when the accommodations may be necessary to afford the person with the disability equal opportunity to use and enjoy residential real property.

2. This has traditionally applied to service animals such as leader dogs.

3. Now, the trend seems to be toward requiring the accommodation for companion animals.

a. Michigan Dept. of Civil Rights v. Royalwood Cooperative Apartments, Inc. (2004).

i. Cooperative Agreement prohibited pets.

ii. Occupant mother suffered from cancer, doctor prescribed pet as therapeutic.

iii. Daughter occupant experienced increased depression and anxiety and doctors prescribed the pet as therapeutic and helpful in minimizing that condition.

b. Auburn Woods I Homeowners Association v. Fair Employment and Housing Commission, California Court of Appeals.

4. An accommodation must be made unless it would cause undue hardship to the Association.

II. MODIFICATIONS OF COMMON ELEMENTS

A. Typical Provision:

No co-owner shall make alterations in exterior appearance or make structural modifications to his unit or make changes in any of the common elements, limited or general, without the express written approval of the Board of Directors...

B. Exceptions:

1. Handicap modifications.

2. Over the air reception devices - OTARD (satellite dishes).

B. Modification Requests:

1. Does the Board have authority?

2. Would other co-owners have the same right?

D. Most modification requests should be in writing and recorded to bind subsequent purchasers.

III.  INSURANCE CONCERNS

A. Typically, older documents did not mandate the co-owners to obtain their own insurance; the Association’s policy had very broad coverage and it usually paid most claims.

B. Current insurance situation - few insurance companies write master policies in Michigan.   Some options:

1. Require each co-owner to obtain their own insurance (HO6).

2. Make the HO6 policy primary to the extent of its coverage.

3. Return to the “bare walls” insurance concept.