QUESTION
Does the Condo HOA have to appprove a reassonable ADA modification request?
Asked on Feb 03rd, 2013 on Residential Real Estate - Nevada
More details to this question:
I am permanently disabled and require a mobility scooter. I am in the process of purchasing a condo in Las Vegas and have asked the HOA for approval to install a gate and ramp into the currently enclosed patio (3ft knee wall) to be used for ingress/egress to my unit. Their initial response was they can not accommodate. While I believe this to be a reasonable request within the ADA guideline. I have not made a significant issue of this yet since I don't legally own the condo. I would like some guidance in how to proceed..
1 ANSWER
R. Christopher Reade
The ADA governs "public accommodations," which is not generally an individual's unit. The ADA generally does not apply to limited common elements in communities (unless opened to the public). However there is Federal Fair Housing law, which provides that an Association 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 utilie his or her unit. FFHA further requires HOAs to permit a disabled owner to make, at such owner's expense, reasonable modifications to the owner's unit and HOA common areas.
Answered on Feb 04th, 2013 at 9:28 PM