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Yes, you have recourse. The Association is governed by all Fair Housing Laws and making a reasonable accommodation (this is a repair) for you is required. You can file a complaint with the State as well as bring an action against the board for failure to repair the elevator.
"Reasonable accommodation is a Federal Fair Housing Act ("FHA") issue, not ADA.Verifying the Disability. When a disabled owner makes a request for reasonable accommodation and the person's disability is obvious, the association cannot request additional information about the existence and validity of the disability. When the disability is not obvious, an association can request information verifying:
The person is disabled,
The need for the requested accommodation, and
The relationship between the disability and the requested accommodation.
Reasonable Accommodation vs. Modification. A “modification” under the FHA is distinct from an accommodation. The Fair Housing Act does not provide a definition for “modification,” but regulations promulgated by HUD define a modification as any change to the public or common use areas of a building or any change to a dwelling unit. Claims for reconstruction or renovation to a dwelling are actionable under the reasonable modifications section of the FHA, and not the reasonable accommodation section.Discrimination. Discrimination under the Act includes “a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.” 42 U.S.C. §3604(f)(3)(A). The statute also makes unlawful any “refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” §3605(f)(3)(B).RECOMMENDATION: Failure by a board to make reasonable accommodation when an appropriate request has been made can lead to costly litigation for the association. Boards should consult with legal counsel when a resident makes a request for reasonable accommodation." https://www.davis-stirling.com/Main-Index/Accommodation
This is a link for Attorneys in your area that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/real-estate-law/sausalito/california
You can also file a fair housing complaint at https://www.dfeh.ca.gov/complaint-process/complaint-forms/
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