Reasonable accommodation
Try to be short. I’m 68 years old, disabled (prosthetic right leg, rebuilt left foot, 3 fingers missing right hand). I requested a reasonable accommodation ( per FHA and ADA) from my HOA in order to continue parking my small camper/trailer in my large back/side yard. Neighbors are fine with it. With it in the yard it provides me some physical and mental therapy to frequently work on it and such. The HOA just forwarded my request to their attorney who sent me a denial letter telling me to remove it within 2 weeks. 3 years ago got letter from old management company who never responded after I sent them documentation and request. Now this mgmt company starts this and after I sent them info, they took months to respond and with a 2 week move out date. Moving offsite would be a huge burden and force us to sell camper. When the time comes that we stop camping, (6 months, 1-2 years) should be on our timetable, not be “bullied” into this move prematurely. Anyone – please help.
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Michael,
The ADA is very clear, the HOA has absolutely no authority to deny you a reasonable accommodation to address your handicap. While I’m not an attorney and can provide you no legal advice it seems to me that having a camper parked in your side yard has very little to do with accommodating your handicap. I understand that you find it therapeutic, unless you could get you doctor to state that as necessary for your wellbeing you would be hard pressed to make the association provide you the relief that you requested.
The attorney general is tasked with enforcing the ADA so if you believe that you have been denied your rights under the ADA, then simply write the office of the attorney general and if they believe that you have a legitimate claim then they will sue the association on your behalf, You do not need to do anything else.
As for your experience with your community manager it does noy surprise me. most community managers and attorneys for that part are totally incompetent when it comes to understanding and guiding the association with compliance with the ADA. While I’ve worked with many homeowners over the years to get reasonable accommodation as exceptions to design standards or handicap access to common property or facilities, this request does not fit well with those request or expectations.
Good Luck
Dennis