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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2849
Experience:  30 years of experience
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I live in a condominium complex with a HOA. Though I have a

Customer Question

I live in a condominium complex with a HOA. Though I have a letter of need from my physician I have been denied the right to install an Air Condition/Heat pump. I would pay my installation fees and there would be a desirable screening so the exterior unit would not be unsightly.
My request was denied and when I stated that I had a physician's order of need and sighted the ADA rights. With that said I was told not to threaten the board and request denied.
I'd appreciate you view on this issue.
Thanking you in advance,
Sharon Price
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Under the Federal Fair Housing Act, 42 U.S.C. §3601, you have certain rights against discriminatory behavior by the HOA. Similar to the American's with Disabilities Act, but specifically written to address housing issues, the FFHA applies to HOAs and requires reasonable accommodations to allow the disabled to use and enjoy their dwellings. Under the law you have the right to make reasonable modifications to your home to allow for you to live and enjoy the property.

If the HOA is denying you that right you must file a claim of discrimination against the Board within two years of their action.

You can file a complaint with the Washington State Human Rights Commission, the federal Department of Justice or the federal Department of Housing and Urban Development.

You can reach the Human Rights Commission here:

http://www.hum.wa.gov/index.html

You can Reach DOJ here:

http://www.justice.gov/crt/fair-housing-act-1

You can reach HUD here:

http://portal.hud.gov/hudportal/HUD?src=/contact

The following link provides useful information to your situation:

http://www.hum.wa.gov/Documents/FairHousing/huddojstatement%20(1).pdf

It is truly unwise for the Board to take the position that they have. Not only will they need to relent in the end, if you must sue you will be entitled to attorneys fees and damages.

Attorneys who do this work will meet to make an initial assessment of your case at little or no charge. You can find an attorney who does this work at this link:

http://lawyers.findlaw.com/lawyer/practicestate/discrimination/Washington

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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