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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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We live in a HOA, a member w/recent hip replacement had to use the res

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We live in a HOA, a member w/recent hip replacement had to use the restroom. Upon her return she asked the Board of Directors, when they remodeled the RR, why Grab Bars went not installed. Her reply from the Board was "That it's Calif. Law and we are a HOA and it does not apply to us!" They continued to next question. We are not a public entity,BUT we do have family members, guests, and parties that involve surrounding community area. We have several older members, guests and family members that are elderly, had surgeries, and is difficult to get up off a toilet seat. Is it true what the Board told the membershp?
Submitted: 2 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

My apologies but that is complete bunk. HOAs do not have the power to violate what is likely federal and municipal requirements pertaining to the A.D.A. (Americans with Disabilities Act of 1990). HOAs cannot run contrary to local and federal law, they simply 'self regulate' based on regulations that they self-impose on themselves and members of the Association. This is why HOAs are still required to have handicapped parking if they are above a certain size, since that is federal and zoning laws, and the same is true for wheelchair accessible entrances and restrooms. It is very possible that the HOA is not compliant with local law if the restrooms cannot be properly utilized by someone who has a disability. It is irrelevant that the Board was sarcastic, if they do not deal with this situation, they are asking for a potential civil rights violation lawsuit.

Good luck.

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Customer: replied 2 years ago.
Your service answered my question, which I was sure it was the corect one. Now, this Board has violated several Civil Rights of members, how do we and several others find an attorney that deals with Civil Rights case in Butte County or even Yuba County?
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

One of the suggestions for you would be to browse the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise. You can also review past client testimonials and peer driven evaluations. The other suggestion would be to consider contacting the local county bar associations and requesting a referral.

Good luck.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38112
Experience: Run my own successful business/contract law practice.
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