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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34941
Experience:  16 yrs. of experience including family law.
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I wrote in 6 hours ago paid and never got connected. I have

Customer Question

I wrote in 6 hours ago paid and never got connected. I have a disabled paranoid schizophrenia stepson that is being evicted. The HOA is suing us both of us. Want to know if the ADA act protects when addressing employers and "others" Who are the others? Is it an HOA?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma. Generally speaking ADA does NOT apply to HOA's. The ADA applies only to “public accommodations.” Therefore, a HOA will not be subject to the ADA unless the HOA is operating what can be considered a “public accommodation.” A “public accommodation” is any facility which a HOA is holding out for use by members of the general public–not solely for use by the HOA’s members and their guests.

HOWEVER, the Federal Fair Housing Act (FFA) will apply to an HOA.

The FFHA is similar to the ADA; however, the FFHA applies directly to housing facilities, including HOAs. Under the FFHA, a HOA may not legally refuse to make reasonable accommodations in its rules or policies when such accommodations may be necessary for a disabled owner to fully enjoy and use her unit. An example would include when a disabled owner requires the assistance of a service animal; a HOA would be obligated to grant a waiver from its “no pets” rule.

So you can request a reasonable accommodation to the board of directors, under the FFA

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.