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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am disabled and I am trying to get the Mobile Home Park where

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I am disabled and I am trying to get the Mobile Home Park where I live to let me put my boat in my carport so I can use it. My problem is that I my not suppose to lift more that 15 pounds because of several back surgeries. I now park my boat on the other side of the fence but I need help to put it there and to go get it. I have given this information to our park management but they will not budge, I cannot keep the boat in my carport. Our park has a no pet area and if the resident gets a note from their doctor they can have a pet. ouv Vice President is allowed to store a Hot Rod Car in his carport and it is covered. All I am asking for is to be treated like others in the part are but to no avail. I am on disibilty from the SSA and I am on long term Disibilty from Kodak. I have told the management this but they do not seem to care. Can you help me? Thank you for your time. James Thralls
Dear Mr. Thralls:

You are stating that you "cannot keep the boat in my carport". Is this because there is a rule against parking a boat in the carport that is being enforced by the Mobile Home Park?

I look forward to hearing back from you.

Customer: replied 4 years ago.

There is a rule from 2000 stating that you cannot store a boat in your carport. But the last letter that I sent them I asked if I could keep my boat in the carport if I was using it and if I was not going to use it for an extended time I would put it on the other side of the fince. Also in the same rules it states the park will provide us with storge space but they donot.

Thank you for your response.

So you are seeking an exemption to the rule because you are disabled?

Can you explain how your disability should justify the boat being in your car port rather than on the other side of the fence?

Just trying to get a clear picture of the facts so I can let you know what I think you should do next.

Customer: replied 4 years ago.

I have had 3 back surgeries . The last two were 2 years ago in the same area that my first surgery in 2004 was. My doctor told me and this information was turned oner to Kodak who I worked for and I was put on Long term disibility. I was not able to work. I have restriction of no more that 15 lbs that I am to pickup. If I porget and pick up more my back gives me a fit. I am also on SSA disibility.

You said you have written letters and have been unsuccessful so far. However, I would recommend sending one more letter before elevating the matter to a lawsuit.

In this letter, you need to state:

"I am writing you regarding my request to park my boat in the car port on my lot. It is my understanding that the Mobile Home has a rule which prohibits parking a boat in front of a unit. However, I am asking for a variance to that rule pursuant to the Americans with Disabilities Act, which requires that a reasonable accommodation be made in this circumstance. As you may be aware, I am legally disabled and am unable to lift more than 15 pounds. This restriction prohibits me from accessing my boat if it is parked to far away from my residence. Under the Americans with Disabilities Act you must make a reasonable accommodation to me in this situation, which would be an exception to the general rule. Accordingly, I request that you provide me with written permission to park my boat in my car port so that I might access it easier. If I do not receive any confirmation that you are willing to acknowledge and comply with my request, I will be forced to seek legal redress in the United States Federal District Court."

If the don't respond to this, then you need to consider filing a lawsuit.

TexLaw and 7 other Legal Specialists are ready to help you

I want to follow up with you and provide you with other information that can help you when you talk to the Park.

The Fair Housing Act requires that reasonable accommodations and exceptions to rules must be made in connection with the use of your unit and the common areas (including parking). Tell the Park that this Act requires them to make an exception for you as well.

Good Luck,