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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31692
Experience:  16 years of legal experience including real estate law.
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I do not currently use a wheelchair, but occasionally a cane.

Customer Question

I do not currently use a wheelchair, but occasionally a cane. At age 71, I anticipate needing wheelchair access to the yard and out of doors from my bedroom of my house. I want to modify my window to be a sliding door. The Woodbridge Seasons Maintenance Association "denied my property rights". What rights do I have?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  JBaxLaw replied 1 year ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service.

Do you anticipate surgery or some other reason to need the wheel chair ramp in the near future?
/
How will the new sliding door work as an accommodation?

Thank you
Customer: replied 1 year ago.

I am diabetic, have atrial fibrillation and occasionally experience preventrical contractions (PVC) which doctors are still diagnosing. Am experiencing positional vertigo as well. A sliding door will allow a walker or standard wheelchair egress.

Customer: replied 1 year ago.
Relist: Answer came too late.
He is offline or otherwise busy
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Are you still looking for assistance with this? Have you approached your association and requested this modification as a reasonable accommodation? You indicate they denied you your property rights. Please describe how they did so?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

I am diabetic, have atrial fibrillation and occasionally experience preventrical contractions (PVC) which doctors are still diagnosing. Am experiencing positional vertigo as well. A sliding door will allow a walker or standard wheelchair egress.


 


Still need assistance...


Seasons Maintenance Association says the house surfaces are their maintenance responsibility and issued "denial of property rights by your Maintenance Association". Consequently Woodbridge Village Association will not process my improvement application.

Expert:  Tina replied 1 year ago.
I see. Thank you very much for providing this additional information.

Under federal law, the housing association must typically provide a reasonable accommodation to you where you have a disability, including permitting modifications of your property which may not otherwise be allowed under the association's rules.

However, the accommodation must be needed now, not just anticipated. But if you obtain documentation from your medical provider that you have a disability as defined by federal law and need the sliding glass door as a reasonable accommodation, then they should approve the modification typically.

If they do not, a complaint could be filed with the local HUD offices or you could retain a local attorney to communicate a demand to the association or take legal action against them.

Here is a link which summarizes federal housing laws with regard to disabilities and reasonable accommodations:

http://www.hud.gov/offices/fheo/library/huddojstatement.pdf

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31692
Experience: 16 years of legal experience including real estate law.
Tina and 12 other Real Estate Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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