Davis Complaint

2:17-cv-12475-DML-APP Doc # 1 Filed 07/31/17 Pg 1 of 23 Pg ID 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
PHYLLIS DAVIS,
Plaintiff,
Case No. 2:17-cv-12475
v.
ECHO VALLEY CONDOMINIUM INJUNCTIVE RELIEF

ASSOCIATION, CASA BELLA REQUESTED
PROPERTY MANAGEMENT, INC.,
MOISEY LAMNIN, AND ELLA JURY TRIAL DEMANDED
LAMNIN,
Defendants.
COMPLAINT
I. PARTIES
1. The Plaintiff Phyllis Davis (Plaintiff or Ms. Davis) is a citizen
of Michigan, residing at 27635 W. Echo Valley West, Unit 214, Farmington
Hills, Michigan 48334 (Plaintiffs Unit or Unit 214).
2. Upon information and belief, the Defendant Echo Valley
Condominium Association (Association) is a Michigan nonprofit corporation,
having a principal place of operation at 27511 East Echo Valley, Farmington
Hills, Michigan 48334 and a registered office address at 850 N. Crooks Rd., Unit
100, Clawson, Michigan 48017.
3. Upon information and belief, the Defendant Casa Bella Property
Management, Inc. (Casa Bella) is a Michigan corporation, having a principle
place of business at 850 Crooks Rd. Unit 100, Clawson, Michigan 48017.
4. Upon information and belief, the Defendant Moisey Lamnin (Mr.
Lamnin) and Defendant Ella Lamnin (Ms. Lamnin) (Mr. Lamnin and Ms.
Lamnin collectively the Lamnins) are citizens of Michigan, residing at 2098
Langham Drive, West Bloomfield, Michigan 48323 (Association, Casa Bella,
and the Lamnins collectively Defendants).

II. JURISDICTION AND VENUE
5. This Complaint includes claims for: Violation of the Federal Fair
Housing Act, Violation of the Michigan Persons with Disabilities Civil Rights
Act, Tortious Nuisance, and Breach of Covenants.
6. This Court has federal question subject matter jurisdiction over the
claim for Violation of the Federal Fair Housing Act (42 U.S.C. 3601, et seq.)
pursuant to 28 U.S.C. 1331 and 42 U.S.C. 3613.
7. This Court has supplementary subject matter jurisdiction over the
claims arising under the laws of the State of Michigan pursuant to 28 U.S.C.
1367 because the state claims are so related to the claim for Violation of the
Federal Fair Housing Act that they form part of the same case and controversy
under Article III of the United States Constitution.
8. This Court has general jurisdiction over the Association because it
is a Michigan nonprofit corporation and because its principal place of operation
is in Michigan.
9. The Court has general jurisdiction over the Defendant Casa Bella
because it is a Michigan corporation and because its principle place of business
is in Michigan.
10. The Court has general jurisdiction over the Lamnins because they
are Michigan citizens.
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11. Alternatively, this Court has specific jurisdiction over the
Defendants, because, as described more thoroughly herein, they have
purposefully availed themselves to, and enjoy the benefits of, the laws of
Michigan, they have had sufficient minimum contacts with the State of
Michigan and this District, this action arises out of these contacts, and
exercising jurisdiction over the Defendants would be reasonable and comport
with the requirements of due process.
12. Venue is proper under 28 U.S.C. 1391(b)(1) because all of the
Defendants are Michigan residents, as defined in 28 U.S.C. 1391(c), and one
or more of the Defendants reside in this District.
13. Venue is also proper under 28 U.S.C. 1391(b)(2) because, as
described more thoroughly herein, a substantial part of the events and
omissions giving rise to the claims in this action occurred in this District and
because a substantial part of property that is the subject of this action is located
in this District.
III. UNDERLYING FACTS GIVING RISE TO THIS ACTION
14. Ms. Davis is a breast cancer survivor, who has asthma, Multiple
Chemical Sensitivity Disorder (MCS), and Environmental Illness (EI)
(asthma, MCS, and EI collectively referred to as Disabilities).
3
15. As described more thoroughly herein, Ms. Davis Disabilities
constitute a handicap under the Federal Fair Housing Act and a disability under
the Michigan Persons with Disabilities Civil Rights Act.
16. Upon information and belief, the Association is a community
condominium association, organized under the laws of the State of Michigan,
responsible for governing and managing approximately eight buildings in a
subdivision known as Echo Valley (Echo Valley). A true and correct copy
of the Associations bylaws (Bylaws) are attached hereto as Exhibit 1.
17. On information and belief, properties and units located in Echo
Valley (Echo Valley Properties) are subject to a master deed, including its
amendments, (Master Deed) and subject to covenants, conditions, and
restrictions (C, C, & Rs) contained therein and/or created pursuant to the
Master Deed. A true and correct copy of the Master Deed is attached hereto as
Exhibit 2.
18. Upon information and belief, the Association has contracted with
Casa Bella to, among other things, manage the Echo Valley Properties.
19. Ms. Davis purchased her condominium, Unit 214, in 2004.
20. On information and belief, the Plaintiffs Unit shares common
hallways, corridors and a basement (Common Areas) with four other units
(collectively Connected Units).
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21. On information and belief, the Common Areas and Connected
Units have a shared ventilation system (Shared Ventilation System) such that
air, including pollutants and contaminants contained therein, are circulated
between the Connected Units.
22. On information and belief, the Lamnins own the property located
at 27635 Echo Valley West, Unit 115, Farmington Hills, MI 48334 (Unit
115), which is one of the four Connected Units.
23. On information and belief, the Lamnins have leased Unit 115 to one
or more tenants (Leasees or Tenants), who currently occupy Unit 115.
24. On information and belief, the Plaintiffs Unit, Unit 115, and the
other Connected Units are located in Echo Valley and are subject to the Master
Deed, the C, C, & Rs, and the governance and management of the Association.
25. On information and belief, Casa Bella is contractually responsible
for managing the Plaintiffs Unit, Unit 115, the other Connected Units, and the
other Echo Valley Properties.
26. On information and belief, Casa Bella is the agent of the
Association with the authority to, among other things, comply with and/or deny
requests for reasonable accommodations related to Echo Valley Properties.
27. On information and belief, during the time of their tenancy, the
Leasees and/or their guests have consumed, and continue to regularly
5
consume, tobacco and/or other substances by way of combustion, i.e. burning
said tobacco and/or other substances, (Smoking) in Unit 115.
28. On information and belief, the Smoking has produced, and
continues to produce, hazardous, toxic, carcinogenic, and irritating gases and
particulate matter (Pollutants).
29. On information and belief, the Pollutants have been dispersed, and
continue to be dispersed, throughout the Connected Units and Common Areas,
including by way of the Shared Ventilation System (Smoking Related
Nuisances).
30. On information and belief, the Smoking Related Nuisances are
harmful to, and have caused harm to, Ms. Davis health.
31. On information and belief, the Smoking Related Nuisances have
contributed to and/or have exacerbated, and continue to contribute to and/or
exacerbate, Ms. Davis asthma, MCS, and EI.
32. On information and belief, the Smoking Related Nuisances expose
Ms. Davis to an increased risk of cancer and/or increased risk of cancer related
problems.
33. On information and belief, as a breast cancer survivor, the Smoking
Related Nuisances pose a unique health risk to Ms. Davis.
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34. On information and belief, the Connected Units, other than Unit
115 owned by the Lamnins, have been designated non-smoking by their
respective owners.
35. Article VI, Section 4 of the Bylaws prohibits any act which may
be or become an annoyance or nuisance to the co-owners of the Condominium
(Annoyance and Nuisance Provision).
36. The Tenants Smoking is an annoyance and a nuisance under the
Annoyance and Nuisance Provision.
37. Article VI, Section 4 of the Bylaws also states that [n]o co-owner
shall do or permit anything to be done or keep or permit to be kept in his
apartment or on the common elements anything that will increase the rate of
insurance on the Condominium without the written approval of the
Association (Insurance Rate Provision).
38. On information and belief, permitting Smoking inside
condominium units increases the rate of insurance for the Association and/or
other co-owners.
39. On information and belief, the Lamnins have neither requested nor
received written permission to permit Smoking inside Unit 115.
40. Article VI, Section 15 requires that [e]ach co-owner shall maintain
his apartment and any limited common elements appurtenant thereto for which
7
he has maintenance responsibility in a safe, clean and sanitary condition
(SCS Provision).
41. On information and belief, the Smoking Related Nuisances create
unsafe, unclean, and/or unsanitary conditions.
42. At least as early as February of 2016, Ms. Davis notified the
Association and/or its agents about the Smoking Related Nuisances and
requested that the Association take action to provide relief.
43. At least as early as February of 2016, Ms. Davis notified Casa Bella
about the Smoking Related Nuisances and requested that Casa Bella and the
Association take action to provide relief.
44. At least as early as March of 2016, Ms. Davis notified the
Association and/or its agent about one or more of her Disabilities and requested
that the Association reasonably accommodate her by providing relief from the
Smoking Related Nuisances.
45. At least as early as March of 2016, Ms. Davis notified Casa Bella
and/or its agent about one or more of her Disabilities and requested that Casa
Bella and the Association reasonably accommodate her by providing relief
from the Smoking Related Nuisances.
46. On or around March 1, 2016, Ms. Davis sent an e-mail (Demand
E-mail) to Colleen ORourke (Ms. ORourke) of Casa Bella indicating that
the Smoking Related Nuisances were effecting [Ms. Davis] breathing,

8
causing constant coughing, and nearly triggering asthma attacks, and
demanding that Casa Bella and the Association take action to provide relief. A
true and correct copy of the Demand E-mail is attached hereto as Exhibit 3.
47. On information and belief, Ms. ORourke is an employee and agent
of Casa Bella with the authority to, among other things, comply with and/or
deny requests for reasonable accommodations and to act and/or not act to
prevent and/or remedy nuisances related to Echo Valley Properties.
48. On information and belief, Ms. ORourke and/or another agent of
Casa Bella notified the Association about the Smoking Related Nuisances,
about Ms. Davis request(s) for relief, and about Ms. Davis request(s) for a
reasonable accommodation.
49. On or around March 1, 2016, Ms. ORourke indicated via e-mail
(Response E-mail) that she did not think there is anything that can be done
about the Smoking Related Nuisances. A true and correct copy of the Response
E-mail is attached hereto as Exhibit 4.
50. On or around March 10, 2016, via e-mail (Health Hazard and
Nuisance E-mail), Ms. Davis notified Ms. ORourke that there was an
enormous amount of smoke leaking from Unit 115, indicated that the
Smoking Related Nuisances were a serious health hazard and nuisance, and
asked whether the issue was going to be put on the Associations agenda. A
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true and correct copy of the Health Hazard and Nuisance E-mail is attached
hereto as Exhibit 5.
51. On or around April 24, 2017, Ms. Davis, by and through her legal
representative, Kevin M. Hirzel of Cummings, McClorey, Davis & Acho,
P.L.C., sent a letter (Demand Letter) to the Lamnins demanding that they
take appropriate measures to ensure that any further smoking in Unit #115
will not escape from Unit #115 into [Ms. Davis] unit or common element
areas of the building, and alternatively, [i]f they [could not] prevent
secondhand smoke from leaving Unit #115 to require that the tenants of Unit
#115 immediately cease and desist from further smoking in Unit #115 and/or
the common elements of the shared building that has interfered with Ms.
Davis use and enjoyment of her unit and the common elements. A true and
correct copy of the Demand Letter is attached as Exhibit 6.
52. On or around May 14, 2017, Mr. Lamnin and Eleonora Lavrova
(relationship to the Lamnins unknown) indicated via letter (Response Letter)
that the Lamnins would not comply with Ms. Davis demands. A true and
correct copy of the Response Letter is attached hereto as Exhibit 7.
53. On information and belief and for the reasons stated herein, the
Defendants know and/or should know about the Smoking Related Nuisances,
know and/or should know about Ms. Davis demand(s) for relief from the
Smoking Related Nuisances, know and/or should know that Ms. Davis is
10
disabled, and know and/or should know about Ms. Davis request(s) for a
reasonable accommodation.
54. On information and belief, the Defendants have not, and will not
(absent court intervention), provide Ms. Davis with relief from the Smoking
Related Nuisances.
55. On information and belief, the Defendants have not, and will not
(absent court intervention), comply with Ms. Davis request for a reasonable
accommodation regarding the Smoking Related Nuisances.
56. On information and belief, the Tenants in Unit 115 are still
Smoking, and will continue Smoking (absent court intervention), in Unit 115.
V. CLAIMS FOR RELIEF
COUNT I
VIOLATION OF THE FEDERAL FAIR HOUSING ACT
57. The Plaintiff repeats and re-alleges the allegations of paragraphs 1
56 as if fully set forth herein.
58. The Plaintiff is handicapped under 42 U.S.C. 3602(h)(1) as she
has physical impairments, as described herein, that substantially limit one or
more of her major life activities.
59. The Plaintiff is handicapped under 42 U.S.C. 3602(h)(2) as she
has records of her physical impairments.
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60. The Plaintiffs Unit is a dwelling under 42 U.S.C. 3602(b) as it is
a portion of a building and structure which is occupied as, and designed and
intended for occupancy as, a residence by one or more families.
61. The Plaintiffs building, containing Unit 214, Unit 115, and the
other Connected Units and Common Areas, is a dwelling under 42 U.S.C.
3602(b) as it is building and/or structure, or portion thereof, which is occupied,
designed, and/or intended for occupancy, as a residence by one or more
families.
62. The Association and Casa Bella discriminated against Ms. Davis
under 42 U.S.C. 3604(f)(3) by refusing to make reasonable accommodations
in rules, policies, practices and/or services that are necessary to afford Ms.
Davis equal opportunity to use and enjoy Unit 214 and the Common Areas,
including by refusing to prohibit smoking in condominium units having a
Shared Ventilation System with the Plaintiffs Unit.
63. The Lamnins discriminated against Ms. Davis under 42 U.S.C.
3604(f)(3) by refusing to make reasonable accommodations in rules, policies,
and/or practices in renting Unit 115 that are necessary to afford Ms. Davis
equal opportunity to use and enjoy Unit 214 and the Common Areas, including
by refusing to prohibit smoking in Unit 115.
64. The Defendants refusals to make reasonable accommodations to
their rules, policies, practices, and/or services have interfered, and continue to
12
interfere, with Ms. Davis exercise of her rights and Ms. Davis enjoyment of
her dwelling.
65. The Defendants refusal(s) to make reasonable accommodations
have directly and proximately injured Ms. Davis, including causing injury to
Ms. Davis health.
66. The Defendants are liable to Ms. Davis for actual damages,
including for compensatory damages, damages for emotional distress,
embarrassment, and/or humiliation, and economic damages.
67. Ms. Davis is entitled to punitive damages under 42 U.S.C.
3613(c)(1).
68. Ms. Davis is entitled to equitable relief as monetary damages are
insufficient to fully compensate Ms. Davis for her injuries.
COUNT II
VIOLATION OF THE MICHIGAN PERSONS WITH DISABILITIES
CIVIL RIGHTS ACT
70. The Plaintiff is disabled under MCL 37.1103(d)(i)(D) as she has
determinable physical characteristics resulting from disorders, as described
herein, that substantially limit one or more of her major life activities and to
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which are unrelated to the Plaintiffs ability to acquire, rent, or maintain
property.
71. As described more thoroughly herein, the Defendants violated
MCL 37.1506a(1)(b) by refusing to make reasonable accommodations in rules,
policies, practices, and/or services that were necessary to afford Ms. Davis
with equal opportunity to use and enjoy Unit 214 and the Common Areas.
72. The Defendants refusal(s) to make reasonable accommodations to
their rules, policies, practices, and/or services have interfered, and continue to
interfere, with Ms. Davis exercise of her rights and Ms. Davis enjoyment of
her dwelling.
74. Ms. Davis is entitled to equitable relief as monetary damages are
insufficient to fully compensate Ms. Davis for her injuries.
COUNT III
TORTIOUS NUISANCE
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76. The Defendants failure to prohibit and/or prevent the Tenants in
Unit 115 from Smoking has substantially and unreasonably interfered with the
Ms. Davis private use and enjoyment of her Unit and the Common Areas.
77. The Defendants have control over the Smoking Related Nuisances
interfering with Ms. Davis private use and enjoyment of her Unit and the
Common Areas.
78. The Defendants have, and had, a duty to prevent, remedy, and
provide relief from, the Smoking Related Nuisances.
79. As described more thoroughly herein, the Defendants breached
their duty to prevent, remedy, and provide relief from, the Smoking Related
Nuisances by failing to take appropriate preventative and remedial measures.
80. Ms. Davis was injured as a direct and proximate result of the
Smoking Related Nuisances and the Defendants breach(es), including injury
to her property, injury to her health, and injury to her right to private use and
enjoyment of her property.
82. The Plaintiff is entitled to equitable relief, including abatement of
the Smoking Related Nuisances, as monetary damages are insufficient to
compensate the Plaintiff for her injuries.

15
COUNT IV
BREACH OF COVENANTS
84. The C, C, & Rs contained in the Master Deed and/or created
pursuant to the Master Deed, including the requirement that condominium
owners adhere to the Bylaws, run with the land and are a burden and a
benefit to Echo Valley Properties.
85. Pursuant to MCL 559.165 of the Condominium Act, "[e]ach unit
co-owner, tenant, or nonco-owner occupant shall comply with the master deed,
bylaws, and rules and regulations of the condominium project and [the
Condominium Act]."
86. Article IX of the Bylaws states:
The Association of co-owners and all present or

future co-owners, future tenants, or any other persons
acquiring an interest in or using the facilities of the
project in any manner are subject to and shall comply
with the Act, as amended, and the mere acquisition,
occupancy or rental of any unit or an interest therein
or the utilization of or entry upon the condominium
premises shall signify that the Condominium
Documents are accepted and ratified. In the event the
Condominium Documents conflict with the provisions
of the Statute, the Statute shall govern.
87. As owners of Unit 115, the Lamnins are obligated to adhere to the
Associations Bylaws.
16
88. Under Article I, Section 1 of the Bylaws, the Association is
responsible for the management, maintenance, operation and administration of
Echo Valley Properties in accordance with the Master Deed, the Associations
articles of incorporation, the Associations adopted rules and regulations, and
the Bylaws (collectively Condominium Documents).
89. Under Article I, Section 4(a)(11), the Association has a duty to
enforce the provisions contained in the Condominium Documents, including
the Bylaws.
90. On information and belief, Casa Bella voluntarily and contractually
assumed responsibility for a number of the Associations duties, including
those described in paragraphs 88 & 89 herein.
91. As described in paragraph 35 contained herein, the Annoyance and
Nuisance Provision of the Bylaws prohibits activities that create annoyances
and nuisances.
92. The Smoking Related Nuisances are annoyances and nuisances
under the Bylaws.
93. As described in paragraph 37 contained herein, the Insurance Rate
Provision requires that condominium owners seek written permission from the
Association before permitting activities that increase the cost of insurance.
17
94. On information and belief, permitting smoking in the condominium
units increases the cost of insurance to the Association and/or condominium
owners.
95. On information and belief, the Lamnins have neither requested nor
received written permission to permit smoking in Unit 115.
96. As described in paragraph 40 herein, the SCS Provision requires
that co-owners keep their unit and common areas safe, clean, and sanitary.
97. On information and belief, the Smoking Related Nuisances have
created unsafe, unclean, and unsanitary conditions.
98. The Association breached its duties under the Condominium
Documents, by, among other things, failing to enforce provisions contained in
the Condominium Documents, including the Annoyance and Nuisance
Provision, the Insurance Rate Provision, and the SCS Provision.
99. Casa Bella breached its assumed duties, by, among other things
failing to enforce provisions contained in the Condominium Documents,
including the Annoyance and Nuisance Provision, the Insurance Rate
Provision, and the SCS Provision.
100. The Lamnins breached its duties under the Condominium
Documents by failing to adhere to the Annoyance and Nuisance Provision, the
Insurance Rate Provision, and the SCS Provision.
18
101. Ms. Davis has been injured as a direct and proximate result of the
Defendants breaches, including injury to the her property, injury to her Health,
and injury to her right to private use and enjoyment of her property.
102. Article XI, Section 1(a) of the Bylaws provides that:
Failure to comply with any of the terms or provisions

of the Condominium Documents shall be grounds for relief,
which may include without intending to limit the same, an
action to recover sums due for damages, injunctive relief,
foreclosure of lien (if default in payment of assessment) or
any combination thereof, and such relief may be sought by
the Association, or, if appropriate, by an aggrieved co-owner
or co-owners.
104. Ms. Davis is entitled to equitable relief, including abatement of the
Smoking related annoyances and nuisances as monetary damages are
insufficient to compensate the Plaintiff for her injuries.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Phyllis Davis prays for judgment against
Defendants as follows:
A. A determination that the Defendants violated the Federal Fair
Housing Act;
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B. A determination that the Defendants violated the Michigan
Persons with Disabilities Civil Rights Act;
C. A determination that the Defendants breached their duty to
prevent and remedy the Smoking Related Nuisances;
D. A determination that the Defendants breached their duty to
enforce and/or abide by the C, C, & Rs, including their duty to enforce and/or
abide by the Annoyance and Nuisance Provision, Insurance Rate Provision,
and the SCS Provision, contained in the Bylaws.
E. A determination that the Defendants are liable to the Plaintiff for
discrimination under the Federal Fair Housing Act;
F. A determination that the Defendants are liable to Plaintiff for
violation of the Michigan Persons with Disabilities Civil Rights Act;
G. A determination that the Defendants are liable to the Plaintiff for
the tort of nuisance;
H. A determination that the Defendants are liable to Plaintiff for
breach of covenant;
I. An award of damages adequate to compensate the Plaintiff for the
Defendants violation of the Federal Fair Housing Act;
J. An award of punitive damages under 42 U.S.C. 3613(c)(1) of
the Federal Fair Housing Act.
20
K. An award of damages adequate to compensate the Plaintiff for the
Defendants violation of the Michigan Persons with Disabilities Civil Rights
Act;
L. An award of damages adequate to compensate the Plaintiff for the
Defendants failure to prevent and remedy the Smoking Related Nuisances;
M. An award of damages adequate to compensate the Plaintiff for the
Defendants breach(es) of covenants;
N. A preliminary and permanent injunction ordering the Association
and Casa Bella to prohibit Smoking in the Plaintiffs building, including the
Connected Units and Common Areas;
O. A preliminary and permanent injunction ordering the Lamnins to
prohibit Smoking in Unit 115;
P. A declaration that this case is an exceptional case and an award
of attorneys fees;
Q. That the Plaintiff have and recover the taxable costs of this civil
action, including interest;
R. That Defendants be ordered to file with the Court and serve upon
the Plaintiff, within thirty (30) days after the service of the injunction upon
Defendants, a report in writing under oath setting forth in detail the manner
and form in which the Defendants have complied with the injunction and
judgment entered pursuant to this Complaint; and

21
S. Such other, further, and additional relief that may be considered
just and equitable based on the facts and allegations contained herein.
JURY DEMAND
Pursuant to Fed. R. Civ. P. 38(b), Plaintiff Phyllis Davis hereby demands
a jury trial on all issues triable by a jury.
Respectfully submitted,
BROOKS KUSHMAN P.C.

Dated: July 31, 2017
/s/ Alan J. Gocha
ALAN J. GOCHA (P80972)
JUSTIN A. BARRY (P80053)
1000 Town Center, Twenty-Second Floor
Southfield, Michigan 48075
Telephone: (248) 358-4400
Facsimile: (248) 358-3351
Email: agocha@brookskushman.com
jbarry@brookskushman.com
Attorneys for Plaintiff
22

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2:17-cv-12475-DML-APP Doc # 1 Filed 07/31/17 Pg 1 of 23 Pg ID 1

UNITED STATES DISTRICT COURT

ECHO VALLEY CONDOMINIUM INJUNCTIVE RELIEF

1. The Plaintiff Phyllis Davis (Plaintiff or Ms. Davis) is a citizen

of Michigan, residing at 27635 W. Echo Valley West, Unit 214, Farmington

Hills, Michigan 48334 (Plaintiffs Unit or Unit 214).

2. Upon information and belief, the Defendant Echo Valley

Condominium Association (Association) is a Michigan nonprofit corporation,

having a principal place of operation at 27511 East Echo Valley, Farmington

100, Clawson, Michigan 48017.

3. Upon information and belief, the Defendant Casa Bella Property

Management, Inc. (Casa Bella) is a Michigan corporation, having a principle

4. Upon information and belief, the Defendant Moisey Lamnin (Mr.

Lamnin collectively the Lamnins) are citizens of Michigan, residing at 2098

Langham Drive, West Bloomfield, Michigan 48323 (Association, Casa Bella,

and the Lamnins collectively Defendants).

II. JURISDICTION AND VENUE

5. This Complaint includes claims for: Violation of the Federal Fair

Act, Tortious Nuisance, and Breach of Covenants.

pursuant to 28 U.S.C. 1331 and 42 U.S.C. 3613.

7. This Court has supplementary subject matter jurisdiction over the

under Article III of the United States Constitution.

8. This Court has general jurisdiction over the Association because it

is a Michigan nonprofit corporation and because its principal place of operation

because it is a Michigan corporation and because its principle place of business

are Michigan citizens.

11. Alternatively, this Court has specific jurisdiction over the

Defendants, because, as described more thoroughly herein, they have

exercising jurisdiction over the Defendants would be reasonable and comport

with the requirements of due process.

12. Venue is proper under 28 U.S.C. 1391(b)(1) because all of the

Defendants are Michigan residents, as defined in 28 U.S.C. 1391(c), and one

or more of the Defendants reside in this District.

13. Venue is also proper under 28 U.S.C. 1391(b)(2) because, as

described more thoroughly herein, a substantial part of the events and

III. UNDERLYING FACTS GIVING RISE TO THIS ACTION

Chemical Sensitivity Disorder (MCS), and Environmental Illness (EI)

(asthma, MCS, and EI collectively referred to as Disabilities).

15. As described more thoroughly herein, Ms. Davis Disabilities

the Michigan Persons with Disabilities Civil Rights Act.

16. Upon information and belief, the Association is a community

condominium association, organized under the laws of the State of Michigan,

responsible for governing and managing approximately eight buildings in a

of the Associations bylaws (Bylaws) are attached hereto as Exhibit 1.

17. On information and belief, properties and units located in Echo

amendments, (Master Deed) and subject to covenants, conditions, and

19. Ms. Davis purchased her condominium, Unit 214, in 2004.

20. On information and belief, the Plaintiffs Unit shares common

(collectively Connected Units).

21. On information and belief, the Common Areas and Connected

air, including pollutants and contaminants contained therein, are circulated

between the Connected Units.

115), which is one of the four Connected Units.

or more tenants (Leasees or Tenants), who currently occupy Unit 115.

25. On information and belief, Casa Bella is contractually responsible

other Echo Valley Properties.

26. On information and belief, Casa Bella is the agent of the

requests for reasonable accommodations related to Echo Valley Properties.

Leasees and/or their guests have consumed, and continue to regularly

consume, tobacco and/or other substances by way of combustion, i.e. burning

said tobacco and/or other substances, (Smoking) in Unit 115.

28. On information and belief, the Smoking has produced, and

continues to produce, hazardous, toxic, carcinogenic, and irritating gases and

particulate matter (Pollutants).