This isn't a published story but here seemed the best place to post it....

Long story short, after more than 6 months of our condo home owners association telling us we could put in a pool lift: if we buy it, have it installed AND permenantly own the maintenance an liability, its finally out of the tall grass. Since two other units had people asking to use it too, I knew it would be a "common element." As such, it's maintenance would fall to the association (DOJ/HUD Joint Message*page 9, example 2 at

After a months long lack of response from HUD, we found our way to a guy from Fair Housing. He was immediatly VERY HELPFUL. Still the board deferred to their attorney's misguided opinion. Then the FH guy involved a HUD guy that set the attorney straight.

Apparently HUD has a huge database of solved situations (their goal is to avoid litigation). That is why my agressive search for case law examples to show the board never found anything.

We are considering bringing suit for the months that they denied her civil rights. Unlike our board, each of you understand the mental and physical therapy self access to the pool would have provided. Its a mixed emotion, but wanting to create case law for others to find in the future is compelling.