Articles

The Americans with Disabilities Act (ADA) became law in 1990, and the Fair Housing Act (FHA) was amended in 1988 to add protections for individuals with disabilities. But despite the length of time that these laws have been around, there’s still misinformation and confusion about how they apply to associations and their members, versus public spaces or private spaces that are accessible by members of the public. In general, the ADA applies to public spaces, and the Fair Housing Act applies to private spaces, such the interiors of members’ units.

Although one of the draws to community association living for many owners is the uniform aesthetic of homes and the ability to control fairly tightly changes that could be unsightly, sometimes homeowners want to make changes. Even if the architectural review board has approved certain changes, an owner might be tempted to stray from this if she thinks that the substitution for what has been approved is only slightly different. But don’t fall into the trap of thinking that a small variation would preclude the association from taking action.

Despite the fact that board member positions within a community association are voluntary, many members take them seriously—and sometimes become personally invested. That could create controversy when, as sometimes happens to comply with the law, association boards must be restructured. If you find yourself in the position of having to deliver the news and help with the restructure, you could be faced with accusations by board members that you’re improperly trying to oust them for your own motives.

The Americans with Disabilities Act (ADA) became law in 1990, and the Fair Housing Act (FHA) was amended in 1988 to add protections for individuals with disabilities. But despite the length of time that these laws have been around, there’s still misinformation and confusion about how they apply to associations and their members, versus public spaces or private spaces that are accessible by members of the public. In general, the ADA applies to public spaces, and the Fair Housing Act applies to private spaces, such the interiors of members’ units.

 Q:  An on-site employee in the community I manage was injured. The employee had issues from an injury he suffered before working for the association. The association is required to pay workers’ compensation benefits for his current injury, but it seems unfair that we are potentially footing the bill for more damage than this accident in our community actually caused.

FACTS: An Ohio homeowner’s association fended off a lawsuit from a resident who objected to its handling of a reasonable accommodation that allowed her next-door neighbors to fence their yard to protect their young daughter from a water hazard.

Both families lived in single-family homes with backyards that abutted a lake. Community rules banned residents from putting up fences, plantings, or enclosures in backyards without prior written consent of the architectural committee.

Facts:  A townhouse-style condominium resident who was living with the owner of the unit, his mother, tripped and fell on the sidewalk in front of the townhouse. He claimed that the fall was due to the sidewalk being “uneven.” He sued the association in a premises liability lawsuit, asserting that it had been the HOA’s responsibility to fix the sidewalk. The association asked a trial court for a judgment in its favor without a trial. The trial court ruled in favor of the association.

A Santa Fe homeowners association hopes that mediation will lead to a settlement that would exclude horse riders from using the association’s network of trails. A local ranch owner who has used the trails for 25 years—long before the community was built—is arguing that a so-called “word of mouth” prescriptive easement from a county official allowed her to ride in the area regardless of future development.

Inevitably, in any homeowners association or condominium, there will be community-related conflicts. The bad news for associations when a dispute arises is that going to court can be extremely expensive, and the association might end up paying for litigation costs in the end. The good news when a homeowners association is asked to resolve conflicts is that there are ways to avoid costly legal battles: Alternative dispute resolution (ADR) can address issues that don’t truly require a trip to court.

As the manager of a homeowners association, you’ll inevitably have to evaluate requests for accommodation from members. A common request is for support animals—that is, animals that provide support for all types of disabilities, including emotional support. Unfortunately, there may be claims of discrimination if requests are denied. In some cases, associations that have been scared by these claims have ultimately tried to avoid litigation by giving in and granting the request after a drawn-out process.