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…because that sounds so much more official than mental illness.

By Wendy Benner Miller

"Mental health" is a somewhat ironic phrase because it is typically used when discussing the antithesis of a healthy mind and symbiotic emotions. While many may argue that the goal, when using this phrase, is to prioritize the need for society to focus on the importance of a person’s emotional health in the same manner as one’s physical health, this is rarely the case. All too often, when the term "mental health" is brought up in conversation on its own, it elicits a visible response in one’s body language, a shifting in a seat, or an actual bristle or uncomfortableness, which can sometimes conjure stereotypical assumptions, eye rolls, and slang references.

What might be the biggest irony of all is that for most of history, mental illness was not considered an illness at all, but a choice based on controllable feelings or "bad" attitudes. Historically, being...

By Melissa Bauman Ward, Esq. 

WHEN IS A common area disturbance more than a passing nuisance? When a person who is mentally ill engages in harassing behavior toward others, thus elevating a simple argument into a fair housing claim. As with any situation where competing rights are involved, managing these situations requires a detailed analysis of what rights and obligations are in play and the best way to respond to the various needs while protecting the association from liability.

IS MENTAL ILLNESS A DISABILITY THAT REQUIRES REASONABLE ACCOMMODATION?

As a "housing provider" under fair housing laws, an HOA must provide reasonable accommodations to disabled persons. A mental illness or impairment constitutes a disability if the condition "substantially limits one or more major life activities (e.g., caring for oneself, speaking, learning, working); or the person has a record of such an impairment; or the person is regarded as having such an impairment.¹ For our...