handrails installed in the walkway-courtyard

We have a 7-unit condo building, self managed, and one of the owners is disabled. He has requested the HOA to install handrails in the courtyard-walkway to his unit on the bottom floor. He tells us the HOA is required to do so. If the HOA does not apply to his request he will sue the HOA. I have asked him to provide the HOA with the necessary information from his ADA resources, but to no availability. I understand the ADA has guidelines and laws to protect the disable, But Im concerned where the Association stands with this request and if we are responsible to do so.

You know, Carol, I also view this request to be rather unusual. Perhaps, if there is a steep hill on your property or some obstacle that would not be safe to walk by I’d understand. As you can imagine, Florida has many seniors and many use walkers or wheel chairs but I do not think I have seen outside handrails in any community. Even the assisted living homes in Florida do not have handrails along the walking paths in their garden areas. But again, California laws may differ.

Carol,

Another issue that just came to mind is that of liability. If this person believes he needs handrails to prevent him from falling, and if he does fall, he might try to accuse the HOA of negligence for failing to install handrails.

Again, if his problem can be solved in another way, eg. walker or rollator, then that becomes his responsibility. If stairs are involved, then that's another matter.

Maybe you can get some advice from a physical or occupational therapist. They often make recommendations as to what is needed for the safety of disabled individuals and the items that would enable them to get around.

thanks for adding the attachment, very informative

This is an excellent point. Based on the information we have here, it sounds to me like this individual probably should be using an assistance device of some kind (cane, walker, etc) and just doesn't want to.

While I understand how hard that must be, to admit that one can't walk on their own unassisted, I agree with Donna that it's not the associations responsibility to add railings if there are no stairs or steep slopes present.

Donna, Jennifer,

Who lives in an open park? In a Mall? On the street? In a botanical garden?

We're not talking about such places. As you say, if one does not feel safe walking there, don't go there.

OK, so when one does not feel safe walking on the walkway to one's home, then don't go home? Or, maybe don't leave home? Sorry, I cannot accept your logic on this one.

I never stated that the HOA had to install handrails. I suggested there are devices to assist individuals who have difficulty walking and are in danger of falling: canes, walkers, rollators. Those devices assist them and reduce the danger of falling while walking in open parks, malls, on streets, in botanical gardens, and yes, around the home. As I said, my wife uses a rollator to assist her in walking for precisely that reason - there is the danger she may fall if unassisted. However, I did note that if stairs were involved, that would be another matter.

I also noted that, because other devices are available to reduce the danger of falling, I didn't think a case could be made to require the installation of handrails.

But, I left the decision of whether or not to install handrails up to the HOA involved. If there was no objection to installing handrails, I noted that the the HOA was not required to pay for them. That it would be perfectly permissible, and the HOA would be compliant with the law, by requiring the disabled individual to pay for the installation. They could also share the cost, which is another solution.

As already pointed out in a previous post, the document I attached in my first post in this thread is worth reading. It's short, and contains numerous examples of the types of accomodations that an HOA could be required to make.

And by the way, I have seen handrails along the walkways in some open parks.

Bruce,

I think that the point that I am trying to make is that sometimes--SOMETIMES, a handicapped person needs to realize that perhaps they may not have access to every place in the world. I am not anti diasbled not against the ADA stuff or anywhere else that some might think this post was headed for. I am saying that does the entire world have to accomodate access to the disabled just because they want to go there? Does no one ever consider that maybe it is not safe and reasonable to attemt to go to a place that is not railed? A partner, a service dog or whatever means that they need to be out and about?, Yes, that works for me but I think that we have overused some of the requests to accomodate access for handicapped. I am going to get chewed up for this but I look at things from a black and white perspective and if I am going to be out and about, I do it within my limitations.

Bruce,
Yes I was missing the point. I absorbed "Courtyard" but failed to pick up walkway to his home. He has every right to access his home and that was never my contention. Thanks for pointing that out to me.