The ADA (Americans with Disabilities Act) required that extensive and expensive alterations become standard in certain commercial and residential buildings. Many are required to have wider doors, special bathrooms, ramps, handrails, handicap parking and a variety of other features. So, how does this all apply to a homeowner association?
Consider a resident who moves in and wants accessible parking. As a result of the federal Fair Housing Amendments Act (FHAA), homeowner associations are required to determine and provide a “reasonable accommodation” to disabled residents when requested. According to the FHAA, it is unlawful “to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap...” This prohibition on discrimination also makes it unlawful to refuse “to make reasonable accommodations in rules, policies, practices, or services, when such may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling.”
In the case of Gittleman v.Woodhaven Condominium Association, the plaintiff asked for a designated parking space due to his disability. The HOA argued that it was unable to grant his request because the master deed said parking spaces were common elements for the non-exclusive use of all unit owners.
The court, however, found that under federal housing law, the HOA is “duty bound to: (1) avoid enforcing provisions of the master deed that have discriminatory effects; and (2) regulate the use of the common elements so as to comply with the requirements of the FHAA.” Therefore, the HOA was found guilty of discrimination under the FHAA’s guidelines.
The most important thing an HOA Board can do when faced with such a request is to respond promptly in writing that it will investigate the matter. Then, review the governing documents and determine if the parking is designated a common element, limited common element, individually owned or some combination.
Finally, the Board should work with legal counsel to properly address the request. For more on handling disability issues, subscribe to www.Regenesis.net. Thanks to Pamela J. Park of Kovitz Shifrin Nesbit for the information in this article.
Published: September 25, 2002
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 Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues.Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at . |
