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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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Because of an auto accident, I have back and knee surgery

Customer Question

Because of an auto accident, I have back and knee surgery that make walking and getting in and out of my car difficult. I live in a condo, and our driveways are quite narrow. I plan to ask for permission to place some 12" paving stones along the side of my drive to give safe footing. Is that something the HOA should approve as an accommodation
for my disability?
In another area around my home, the drainage is poor and the ground stays muddy most of the time. I want the HOA to allow me to put a stepping stone walk through this area to provide safe walking. Is that something that should be approved as an accommodation?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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Is there something that would prevent you from just doing so now?

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Some Bylaw or restriction that doesn't allow it?

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thanks

Barrister

Customer: replied 3 months ago.
State of Oregon. The HOA seems very vigilante on issues on landscape appearances. Even awnings are not allowed.
Expert:  Barrister replied 3 months ago.

Ok, so is there some type of specific restriction that would prevent you from doing so or are you just assuming that if you do, they will complain?

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thanks

Barrister

Customer: replied 3 months ago.
Since Condo HOA says that since we only own our specific condos. Any landscape issues should not be changed by the owners of the condos.
Expert:  Barrister replied 3 months ago.

Ok, to be very honest with you, this is a situation where I would take action first and then worry about asking for permission later. If anyone said anything, you can bring up the fact that this is an emergency situation and falls under the reasonable accommodation clause of the ADA and they should grant it. But if no one says anything then you don't even have to deal with it.

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This is one of those time where it is better to beg forgiveness than ask permission..

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thanks

Barrister