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".......the association may have to provide reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicap person equal opportunity to use and enjoy a dwelling under the Federal Fair Housing Act, 42 U.S.C. §§3601, et. seq., (the “FHA”).
A “reasonable accommodation,” within the meaning of the FHA is one which would not impose undue hardship or burden upon the association. U.S. v. Village of Marshall, (787 F. Supp. 872). However, an accommodation for a handicapped person is “unreasonable,” and thus not required by the FHA if it imposes undue financial or administrative burdens, or requires a fundamental alteration in the nature of the program. Judy B. v. Borough of Tioga, (889 F. Supp. 792).
The FHA also requires the association to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person is such modifications may be necessary to afford such person full enjoyment of the premises. 42 USCA §3604(f)(3). Whether or not an association must permit a handicapped person to install a reasonable modification to the premises is typically examined on a case-by-case basis."
I have lived in residences covered by HOAs for the last 16 years. I think you are getting off on the wrong foot with the board. You have barely taken occupancy and you are already fighting with them. When periodic exterior maintenance is due on your unit, don't be surprised if the board "inadvertently" skips your place.
The initial problem is that you didn't do sufficient homework on the parking situation in your community. And, as many people not familiar with HOAs would do, you assumed that because the neighbors had gates to the main roads, you would be allowed to have one as well. Of course, those might have been granted by an earlier, less stringent board. The bottom line is that you have to do major research before buying into such a community.
It sounds like a lot of the advice on here is being given by people who have never lived in such communities and think they know everything about them. An HOA is not a democracy and, even in a highly regulated place such as NY, they have tremendous leeway to do what they want. Boards can be arbitrary, secretive, unforgiving and unfair. Residents have few rights. On the other hand, living in a condo or attached townhome can remove a lot of headaches from daily life, and the units are usually cheaper per square foot than a single-family home. Remember that the board, however bad you may think it is, is assuming those headaches on your behalf.
What you need to do is quiet down, live in the place for a while, put up with the parking issue, get to know the board members and then petition for the gate. It was your responsibility to find out about the parking issue before you signed the contract. Now, you want to put the burden on someone else for your lack of research.
I also read in one of your posts that the guest parking spaces are always filled. Now, if those spaces are deeded specifically to you, then you have a legitimate complaint. If they are available to all residents, then it was up to you to visit the complex during busy times of the week and look around at the number of available spots before you decided to buy.
HOA living is certainly not for everyone.
I agree that HOAs are not democracies, but they are not above federal or state law. They can make up any silly by-law or try to take illegal actions, but residents do not give up their civil rights simply because they live in a community with an HOA, and sometimes if challenged it turns out the HOA is in violation of federal and/or state laws.
Under FHA laws the HOA has to allow a reasonable accomodation on shared common property for a person with a disability. Given that it doesn't sound like this gate will put any undue burden on the community, and given that there are already other gates in existence, I don't see that the HOA would have legitimate grounds to disallow the building of this gate.
Given that it doesn't sound like this gate will put any undue burden on the community, and given that there are already other gates in existence, I don't see that the HOA would have legitimate grounds to disallow the building of this gate.
Of course, we have only heard one side of this story.....
I agree that HOAs are not democracies, but they are not above federal or state law. They can make up any silly by-law or try to take illegal actions, but residents do not give up their civil rights simply because they live in a community with an HOA, and sometimes if challenged it turns out the HOA is in violation of federal and/or state laws.
Under FHA laws the HOA has to allow a reasonable accomodation on shared common property for a person with a disability. Given that it doesn't sound like this gate will put any undue burden on the community, and given that there are already other gates in existence, I don't see that the HOA would have legitimate grounds to disallow the building of this gate.
If the fence denies access to the common areas that another disabled person could possible use, then how is blocking it off a reasonable accommodation?
Here are some lessons people should take away from this thread:
1. Find a home that suits your needs as closely as possible and then do thorough research so you understand exactly what you are buying.
2. Don't assume anything, including the idea that an HOA board will grant you whatever you want because you have a particular personal situation or that your contract encompasses anything beyond the wording in the document.
3. When you buy into an HOA community, you are contractually ceding some of your property rights to an elected board. It is not like owning a single-family home.
4. You should not buy into such a complex without thoroughly reading the bylaws, the offering statement and at least three years worth of financials.
5. If you want to buy into the complex and have specific exterior alterations in mind, you should track down someone from the board before signing the contract and see if you can get an idea of how amenable the board will be.
6. Don't assume that fairness will rule in an HOA. In the OP's case, the board may have previously passed a resolution that there will be no more gates permitted. They can do that.
7. Suing the board can: a) take away necessary time and resources from personal matters, b) make you a pariah in the community, c) cause you to pay a special assessment toward the board's legal fees in addition to paying your own attorney, and d) cause you to pay the board's legal fees if you lose. Nobody wins in this case.
8. Don't assume that the ADA and other laws pertaining to rights of individuals in public places automatically apply to private HOA communities. An experienced NY real estate attorney would be the one to determine this, but I would not be surprised to learn that, in certain cases, the authority of the board supercedes the law outside the complex. I have read a number of examples like this.
Here are some lessons people should take away from this thread:
1. Find a home that suits your needs as closely as possible and then do thorough research so you understand exactly what you are buying.
2. Don't assume anything, including the idea that an HOA board will grant you whatever you want because you have a particular personal situation or that your contract encompasses anything beyond the wording in the document.
3. When you buy into an HOA community, you are contractually ceding some of your property rights to an elected board. It is not like owning a single-family home.
4. You should not buy into such a complex without thoroughly reading the bylaws, the offering statement and at least three years worth of financials.
5. If you want to buy into the complex and have specific exterior alterations in mind, you should track down someone from the board before signing the contract and see if you can get an idea of how amenable the board will be.
6. Don't assume that fairness will rule in an HOA. In the OP's case, the board may have previously passed a resolution that there will be no more gates permitted. They can do that.
7. Suing the board can: a) take away necessary time and resources from personal matters, b) make you a pariah in the community, c) cause you to pay a special assessment toward the board's legal fees in addition to paying your own attorney, and d) cause you to pay the board's legal fees if you lose. Nobody wins in this case.
8. Don't assume that the ADA and other laws pertaining to rights of individuals in public places automatically apply to private HOA communities. An experienced NY real estate attorney would be the one to determine this, but I would not be surprised to learn that, in certain cases, the authority of the board supercedes the law outside the complex. I have read a number of examples like this.
If the fence denies access to the common areas that another disabled person could possible use, then how is blocking it off a reasonable accommodation?
The fence is already there. How would a gate deny access to anyone?
Of course, we have only heard one side of this story.....
Yes, as is the case in every single thread in City-Data history......
And like I already said, unless this gate would open onto a Prison Exercise Yard, I can't see why it would be so objectionable to this HOA or community. There are already half a dozen of these gates in place!
Here are some lessons people should take away from this thread:
1. Find a home that suits your needs as closely as possible and then do thorough research so you understand exactly what you are buying.
2. Don't assume anything, including the idea that an HOA board will grant you whatever you want because you have a particular personal situation or that your contract encompasses anything beyond the wording in the document.
3. When you buy into an HOA community, you are contractually ceding some of your property rights to an elected board. It is not like owning a single-family home.
4. You should not buy into such a complex without thoroughly reading the bylaws, the offering statement and at least three years worth of financials.
5. If you want to buy into the complex and have specific exterior alterations in mind, you should track down someone from the board before signing the contract and see if you can get an idea of how amenable the board will be.
6. Don't assume that fairness will rule in an HOA. In the OP's case, the board may have previously passed a resolution that there will be no more gates permitted. They can do that.
7. Suing the board can: a) take away necessary time and resources from personal matters, b) make you a pariah in the community, c) cause you to pay a special assessment toward the board's legal fees in addition to paying your own attorney, and d) cause you to pay the board's legal fees if you lose. Nobody wins in this case.
8. Don't assume that the ADA and other laws pertaining to rights of individuals in public places automatically apply to private HOA communities. An experienced NY real estate attorney would be the one to determine this, but I would not be surprised to learn that, in certain cases, the authority of the board supercedes the law outside the complex. I have read a number of examples like this.
Did you see what I posted above, Post #51, on what federal law states on these types of issues. Yes, they are assessed on a case-by-case basis, but board laws do not supersede state or federal laws..
A board can make up a law stating that there are no wheelchair ramps allowed in their community, but federal law will trump that. HOAs cannot deny people their civil rights!
A board can write a by-law disallowing any further gates, but it is my understanding that a gate as a reasonable accommodation for a disability would supersede that.
Did you see what I posted above, Post #51, on what federal law states on these types of issues. Yes, they are assessed on a case-by-case basis, but board laws do not supersede state or federal laws..
A board can make up a law stating that there are no wheelchair ramps allowed in their community, but federal law will trump that. HOAs cannot deny people their civil rights!
A board can write a by-law disallowing any further gates, but it is my understanding that a gate as a reasonable accommodation for a disability would supersede that.
Not on common area property. Nuff said.
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