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Old 06-24-2010, 08:10 PM
 
Location: Tricity, PL
61,694 posts, read 87,077,794 times
Reputation: 131668

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Homeowners' associations are required by the Fair Housing Act to allow reasonable modifications to housing, such as the installation of a ramp, paid for by an occupant with disabilities so that a occupant with a disability may use and enjoy the premises. They are also required to make reasonable accommodations in rules, such as those governing parking, to enable an occupant with disabilities to use and enjoy the dwelling.
Protection of Disabled Persons
Homeowners' Associations and Discrimination - Lawyers.com
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Old 06-24-2010, 08:23 PM
 
Location: Tricity, PL
61,694 posts, read 87,077,794 times
Reputation: 131668
Not exactly the same but similar case:
Family With Autistic Child Sues HOA In Security Fence Debate
Family With Autistic Child Sues HOA In Security Fence Debate - Denver News Story - KMGH Denver
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Old 06-24-2010, 08:38 PM
 
Location: San Antonio
2,216 posts, read 4,540,445 times
Reputation: 1183
thanks for the link.
quoting from it:

The president of the neighborhood's HOA also has a security fence.

According to the Illig family, the HOA told them the fence could stay if they put money into an escrow account to remove the fence when they move, or when their son moves out.

```````````````````````

1) the president has one and it doesnt seem to block anyones views of the mountains.
2) take the fence down when the child moves out? are they clueless? what he's going to turn 18 and get his own apt? Did the president have to put money in an escrow acct so when he leaves the fence can come down?
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Old 06-24-2010, 11:10 PM
 
420 posts, read 1,155,474 times
Reputation: 209
When ADA changed the yes I believe everyone should have complied. When they pass the smoking ban I think everyone should comply. If you want to make change you vote, or run for office, or protest to be noticed. You sign a contract you fulfill it or you go to court.

I do not think that having a child with a disability is a magic ticket to do whatever you want in the name of the child.

AS I SAID. IF SHE FOLLOWED THE POLICY FOR FILING I SUPPORT HER 100%. If she did not then she deserves the fine and removal if required.

Sometimes the rules are inconvenient.

You wouldn't expect to be pulled over for speeding and to tell the cop "my kid has autism" and him tell you everything is ok. When the law or contracts say you do something you do it. When you violate those you deserve the punishment that is written out. In her case it may be fines.

Everything we do has rules. Its a fact of life. As the saying goes "Don't do the crime if you can't pay the time".

That case in Denver is the same thing. Its not about what other people have. its about then not getting approval first as REQUIRED by the contract they signed and supposedly read. If the president got approval from the board then he got it. They probably wanted to be more involved with the design for color, material, and probably want to cover the cross supports so they are not seen from the street or other houses. As for the escrow account unless you know the president didn't have one that is a whole other issue.

I also love the quoting of ADA which was written to give people access being used to support a case of preventing this child from being able to have access to something.

Last edited by RoamingWolves; 06-24-2010 at 11:29 PM..
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Old 06-24-2010, 11:39 PM
 
420 posts, read 1,155,474 times
Reputation: 209
Quote:
Originally Posted by Mom2Feebs View Post
Sounds like the people you know need to put some locks on the outside doors that the child cannot access...like deadbolts with keys? Yikes.

That is a violation of building/fire code. You have to have a doorway out of the home that does not require a key to open from the inside. They don't want you to die in a fire because you left the keys upstairs. They can be locked to people on the outside but you have to be able to use it easily from the inside.
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Old 06-25-2010, 07:33 AM
 
Location: San Antonio-Westover Hills
6,884 posts, read 20,404,222 times
Reputation: 5176
Quote:
Originally Posted by RoamingWolves View Post
That is a violation of building/fire code. You have to have a doorway out of the home that does not require a key to open from the inside. They don't want you to die in a fire because you left the keys upstairs. They can be locked to people on the outside but you have to be able to use it easily from the inside.
I have lived in at least two homes where at least one of the upper locks was a deadbolt that locked with a key from the inside, and my in-law's current house is like that.

Can you please provide the San Antonio building/fire code that specifies this?
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Old 06-25-2010, 09:13 AM
 
915 posts, read 1,903,943 times
Reputation: 546
Quote:
Originally Posted by Mom2Feebs View Post
I agree mama! I wonder, RoamingWolves, did you feel the same when the ADA required that sidewalks be reconfigured to allow wheelchair-bound folks to enter and exit an intersection? Just curious...
Wolves was clearly focused on the enforcement of rules and laws without making special exceptions. There is nothing in his/her post that could logically lead to your question. The ADA is a law and logically Wolves would want it enforced without exception.
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Old 06-25-2010, 10:41 AM
 
Location: San Antonio
2,216 posts, read 4,540,445 times
Reputation: 1183
well then, as long as this woman filed (and I believe she did) this fence should stand w/o exception.
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Old 06-25-2010, 11:02 AM
 
Location: Tricity, PL
61,694 posts, read 87,077,794 times
Reputation: 131668
It would be nice to see some f/u in that case...
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Old 06-25-2010, 11:06 AM
 
Location: San Antonio
2,216 posts, read 4,540,445 times
Reputation: 1183
agreed. if nothing else it will give someone the rights to "I told you so..."
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