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Technically, if you aren't an owner yet, you could be excluded from the board of director's meeting on April 7. I do wish the best of luck to you in obtaining a fair/favorable outcome.
^^^is it possible to ask your seller to represent you at the meeting? The seller certainly has a right to speak when they open it up for owner's comments.
It sounds to me like the precedent has been established they have already 'opened the gate' by allowing 6 other gates. Unless the others are being sued for their gates, the only information the board should be providing is, "What are the specific requirements for a new gate installation?" --
If this is a typical HOA, the Board and Owners are governed by the HOA bylaws ... and the management company is only their agent. Perhaps your attorney should send a letter to the board asking the right question and insisting on a precedent and bylaw compliant answer - before you close. (I know you don't want to start-off on the wrong foot, but, if you are being confronted by a board that is used to getting away with this type of arbitrary nonsense (and threatening law suits), it's better to find-out now, rather than later).
Just a quick update: I had spoken to a Congressman and a Senator here in New York and both wrote letters and emailed them to the management company who forwarded them to the condo board. The board met Monday night and believe it or not they still refused to give me permission to put the gate. At least this time they gave a reason saying that my fence is considered a common area. It seems like mine is the only house that has this. Apparently the others that have gates have it on their own property.
I went to a special needs resource fair on Friday and met an attorney for disabled people from the Mayor's office. I explained the situation to him and he said that he would come by and look at it after I close. He said we can sue them due to the fact that my daughter is disabled.
In the meantime we are closing either next week (if the tenants move this weekend like they are supposed to), or the Wednesday after.
Just a quick update: I had spoken to a Congressman and a Senator here in New York and both wrote letters and emailed them to the management company who forwarded them to the condo board. The board met Monday night and believe it or not they still refused to give me permission to put the gate. At least this time they gave a reason saying that my fence is considered a common area. It seems like mine is the only house that has this. Apparently the others that have gates have it on their own property.
I went to a special needs resource fair on Friday and met an attorney for disabled people from the Mayor's office. I explained the situation to him and he said that he would come by and look at it after I close. He said we can sue them due to the fact that my daughter is disabled.
In the meantime we are closing either next week (if the tenants move this weekend like they are supposed to), or the Wednesday after.
What kills me is that these board members won't agree to a gate out of compassion, good-will, practicality, and fairness ------who ARE these people? Don't they any compassion?
Also,what possible harm would this gate do to anyone? How would it harm even the common area? Under ADA, a reasonable accommodation for disability can only be turned down if the accommodation is unreasonable, or would be impossible for the association to reasonably carry out.
What kills me is that these board members won't agree to a gate out of compassion, good-will, practicality, and fairness ------who ARE these people? Don't they any compassion?
Also,what possible harm would this gate do to anyone? How would it harm even the common area? Under ADA, a reasonable accommodation for disability can only be turned down if the accommodation is unreasonable, or would be impossible for the association to reasonably carry out.
The common area is not property of any one unit. I do not see where she has the grounds the sue. Suing under ADA would be something like wheelchair or disabled access not being available at the clubhouse or pool.
The common area is not property of any one unit. I do not see where she has the grounds the sue. Suing under ADA would be something like wheelchair or disabled access not being available at the clubhouse or pool.
You don't have ADA suits about private property. It would be applicable to the common shared elements of a complex, the areas that are the shared property of all condo owners.
What has happened to people that they don't want to allow the life of a disabled child and the parent(s) to be slightly easier, with such a minor concession. I mean, what does this gate allow access to, the exercise yard of a prison?
Why does everything have to be reduced to the fine print of stupid condo association by-laws, and lawsuits-----What has happened to compassion?
Just a quick update: I had spoken to a Congressman and a Senator here in New York and both wrote letters and emailed them to the management company who forwarded them to the condo board. The board met Monday night and believe it or not they still refused to give me permission to put the gate. At least this time they gave a reason saying that my fence is considered a common area. It seems like mine is the only house that has this. Apparently the others that have gates have it on their own property.
I went to a special needs resource fair on Friday and met an attorney for disabled people from the Mayor's office. I explained the situation to him and he said that he would come by and look at it after I close. He said we can sue them due to the fact that my daughter is disabled.
In the meantime we are closing either next week (if the tenants move this weekend like they are supposed to), or the Wednesday after.
Good for you. Go for it. Be sure to get the media involved. The congressman and senator would like that too...makes them look good. And keep up with your reporter about any updates. All the best.
You don't have ADA suits about private property. It would be applicable to the common shared elements of a complex, the areas that are the shared property of all condo owners.
What has happened to people that they don't want to allow the life of a disabled child and the parent(s) to be slightly easier, with such a minor concession. I mean, what does this gate allow access to, the exercise yard of a prison?
Why does everything have to be reduced to the fine print of stupid condo association by-laws, and lawsuits-----What has happened to compassion?
Yes, but the common elements are owned by the community and that would place an undue burden on all of the other homeowners to give up part of their property. That is not a reasonable accommodation.
I think in view of the fact that yours is the only one with this fence on common property they could adjust for that sake...making it in line with the others. And it seems like the area is miniscule, is it?
How is the area it's on common though? Do people need to pass through it or what purpose does it being common serve?
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