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rsa.esq
rsa.esq, Lawyer
Category: Real Estate Law
Satisfied Customers: 73
Experience:  Sworn to the California Bar in 2011. Former staff editor at The New York Times Co. and seasoned news professional of 20 years experience in the U.S. and abroad.
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M. and I am from Las Vegas Nevada. I am here to ask a

Customer Question

Hello my name is***** and I am from Las Vegas Nevada. I am here to ask a question about my home owner association . I am handicap to the point where I need a scooter, a stair lift, on oxygen and have a array of ailments that I am living with. It is so bad that a handicap sign was put in for me. I had a problem with a neighbor next door, because he wanted his girlfriend to park in front of my home that I am own, under my tree. He doesn't even own the home, but is renting a room. The owner returned from a failed marriage. When she returned the ex husband, talking to the guy/his ex wife's roommate, then made a call to the head of the home owners association. I received a letter with the complaint and then a letter telling me don't worry about it that everything was in order. several months letter I receive another letter about the same compliant in which I asked for an extension due to a doctor's appointment I had. Nothing was never extended, and I received a letter trying to charge me $50.00 a day til it was taken down. I got my regulations and found that the regulation that they said I broke said nothing about my sign and stated that I was responsible for the upkeep of anything I place on my property.I then went to the meeting and brought it to there attention that the ordinance they tried to say I was in violation of then they told me, that they have no jurisdiction over the streets with green street signs and that they only control the streets with brown signs. They reluctantly left me alone for several months. Now they sent me another letter asking for 2 signatures from my side of the street and papers from the state, yet city parking enforcement travels here 3 times a week.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

You have protected rights under the Americans with Disability Act and other rights under state law. I would advise the homeowners association that they need to tell this person to stop harassing you and to stop causing all these problems for you because it may result in liability to the homeowners association for failing to provide accommodations for your disability which is required under federal law.

Please rate the answer 4 or 5 and close out the question. Good luck to you.

Expert:  rsa.esq replied 1 year ago.

Respectfully, ***** ***** to disagree with the assertion that the homeowners' association is likely subject to the Americans With Disabilities Act, because that regulation addresses only entities that offer a 'public accommodation' such as a restaurant, retail story, etc. Homeowner's associations would not generally qualify under this criteria.

However the Federal Fair Housing Act is fully applicable and requires homewoners' associations to comply with reasonable accommodations. Assuming the sign indicating a handicapped person is in the vicinity or designating a handicapped parking space on a public street, then clearly you should not be harassed in anyway or threatened with penalties from the homeowners' association, which are most likely of no legal force. So I agree with the earlier advice, and firmly request the association desist in harassing you: I recommend doing this in writing by certified mail or return recept request. (a pain, I know, but proof of delivery may come in handy if they decide to get snarky and escalate this). If necessary, get a lawyer to draft a something simple -- or go only and search for a "cease-and-desist" form letter and do it yourself! (You will probably need to modify the language to suit your specfics)

You mentioned that some streets in the subdivision had different designations as to being public or still under the private control of the homeowners' association: that may be the case, depending on your particular housing subdivision and Nevada law. Generally, once a subdivision section if fully developed including paving and other municipal requirements, the developer -- or association -- petitions the municipality (or county) to assume control, and therefore pay for maintenance.

Where the road is in a section not fully developed -- say the road is still unpaved -- or in a section the association want to retain as private, then usually the municipality does not take control.

You local public works office can tell you with a simple phone call.

In any case, it should not be an issue for you, as you should be protected under Federal Fair Housing Action, and state protections.

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