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Thread: Your rights in a private condo association

  1. #11
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    We are new at this (her tumor was an event of spring '17), so it never occurred to me that the HOA where she has lived for a dozen years would think that the legal minimum would be a good target. So many people, including complete strangers have done us do much kindness.... I am disheartened at the Board's behavior. That is the other reason we're thinking of filing suit.

  2. #12
    Quote Originally Posted by djrolling View Post
    I do not think an HOA is considered public. I also do not think the ADA covers HOA's I think that it is covered by the Fair Housing Act. My understanding is that if I want the common areas accessible they have to make reasonable accommodations but I foot the bill. I think what the OP points out is that he paid for the pool lift but since it is used by others it becomes part of the common area so to speak and the maintenance of the lift is shifted to the HOA. Bruce correct me if I misunderstood. The exception would be.... a HOA will not be subject to the ADA unless the HOA is operating what can be considered a ?public accommodation.? So unless the pool is open to the public or some other common area is open to the public you are not going to be covered by the ADA in an HOA. You see the OP went to HUD though it took the Fair Housing guy to get things moving.
    Remember, private condos & HOAs must allow reasonable accommodations for owners or residents with disabilities

    That is why I said to reach out to an lawfirm that works with ADA enforcement law.

    If one can prove neighbors use there units for Airbnb rentals it might open up options.

  3. #13
    Senior Member djrolling's Avatar
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    Quote Originally Posted by RollPositive View Post
    Remember, private condos & HOAs must allow reasonable accommodations for owners or residents with disabilities

    That is why I said to reach out to an lawfirm that works with ADA enforcement law.

    If one can prove neighbors use there units for Airbnb rentals it might open up options.
    I agree I was just pointing out that you do not look to the ADA You look to the Fair Housing act and your Post advised a course of action that was a dead end, a nonstarter so to speak. Individuals using their condos for Airbnb would not get you anywhere as far as trying to prove that it is in some way public. The HOA would have to be doing that for that to possibly open up options as you say.

  4. #14
    Senior Member djrolling's Avatar
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    Quote Originally Posted by Other Bruce View Post
    DJRolling, you have my understanding correct. If your HOA does not allow public events (even use as a voting site), and less than ?50% of units are not avail for short term rentals, then you are not covered by the ADA, but HUD rules. You still have rights, they're just not as generous.
    Agreed. I served on the board on my HOA and so far have been able to steer them in the right direction in matters like these. HOA boards are a crap shoot.

  5. #15
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    After the Fair Housing guy tried to set them straight, I wrote the Board a Frank message calling shame on each of them. I told them that the legal minimum they shot for was a moral failure for someone that's lived here since 2005. Not a peep since. It's really caused me to lose a lot of respect.

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