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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Our private road washed out and the HOA has not provided any

Customer Question

Our private road washed out and the HOA has not provided any access (foot bridge, etc.) for an elderly handicapped homeowner to cross the washed out area. Are they required to provide temporary access until a preferment fix can be completed? It has been six months since the washout.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 7 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I do hope to assist you today.

The HOA is incorrect (the ADA DOES apply to HOAs and other common interest developments - see: http://www.ada-pros.com/what-hoa-owners-and-managers-need-to-know-about-ada/ for a discussion).

You can sue the HOA for failing to provide a "reasonable accommodation" during this lengthy period of time during their repair process.

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.