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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3686
Experience:  Experienced real estate lawyer and real estate broker.
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LadyLawyer I think my HOA is discriminating against me over

Customer Question

Hello, LadyLawyer
I think my HOA is discriminating against me over my placement of a storage container which houses my trash cans. Which the HOA mgr's office had approved previously, because of mine and my partner's disability. I was recently informed that the board had previously approved the ARC that the board had since requested of me, but had backed up on and changed their minds after a board member had witnessed me on a ladder in my garage....(I thought to myself, OMG are these idiots for real). I Am a 90% disabled Veteran, but paid at the 100% level due to unemployability. My disability does not prevent me from standing on a ladder when I am able to....So now they have discussed amongst themselves via email of how I am not disabled...and how I was witnessed by "Many Persons". Now I think they may be in violation of the HIPAA act in discussing my disability of which they have no knowledge of. One of the board members have as far as "I'm 40% and I can do....blah, blah, blah.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

You are right this is a discrimination claim that would fall under the Americans with Disability Act. You should speak to the Veterans Administration about how you should puruse the claim and they can put you in contact with the Legal aid Society that will provide you with a free lawyer. Don't try to do it yourself, get a free lawyer through the legal aid society. It is actually not a HIPAA violation, because it only applies to healthcare providers and your HOA is not a healthcare provider, so you need to pursue this as a discrimination claim against a disabled person.

Please rate the answer 4 or 5 and close out the question. Good luck to you. I wish you all the best.