The HOA has the ability to waive a prohibition that is a medical necessity for an owner. The law requires that certain accommodations MUST be permitted for those owners suffering from a medical disability.
“Reasonable accommodation is a Federal Fair Housing
") issue, not ADA.
Verifying the Disability. When a disabled owner makes a request for reasonable accommodation and the person's disability is obvious, the association
cannot request additional information about the existence and validity of the disability. When the disability is not obvious, an association can request information verifying:
1. The person is disabled,
2. The need for the requested accommodation, and
3. The relationship between the disability and the requested accommodation.
Reasonable Accommodation vs. Modification. A “modification” under the FHA is distinct from an accommodation. The Fair Housing Act does not provide a definition for “modification,” but regulations promulgated by HUD
define a modification as any change to the public or common use areas of a building or any change to a dwelling unit. Claims for reconstruction or renovation to a dwelling are actionable under the reasonable modifications section of the FHA, and not the reasonable accommodation section.
Discrimination. Discrimination under the Act includes “a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.” 42 U.S.C. §3604(f)(3)(A). The statute also makes unlawful any “refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” §3605(f)(3)(B).
RECOMMENDATION: Failure by a board to make reasonable accommodation when an appropriate request has been made can lead to costly litigation for the association. Boards should consult with legal counsel when a resident makes a request for reasonable accommodation. Associations needing assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.”
Read more: Accommodation http://www.davis-stirling.com/tabid/3005/Default.aspx#ixzz3gH45bJBp
If this is a medical necessity the board would needs to grant your request or face suit for discrimination.
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