Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs

In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its deed restrictions banning fences and that a disabled owner could not erect a fence in order to keep her emotional support and service dogs in her yard. The court held that the construction of the fence did not constitute a reasonable accommodation under the Fair Housing Act, as the owner had reasonable alternatives, such as installing a dog run or invisible fence, both of which would not violate the deed restrictions.     Read the article……………………..