Privacy Law

A fellow Board member suggested that the "elderly and/or handicapped" be identified in our Association so "volunteers" could assist them when necessary. I think that "identifying" certain groups of people is a privacy violation, and I do not think that this issue can be typified as Association business. Comments please!

It is my understanding that all owners have to be treated equally. Doesn't the Association have to provide the same services to everyone? What special services do Associations have to provide for the elderly and/or handicapped?

Being in the architectural business I could list many..but easier for someone to go to the ADA website and read for themselves...If anything they could put a small notice in their flyer for the HOA if they have one stating simply that if there are any members who may require "special accomodations" please notify the office/managment so we may be able to assist you..Short and sweet and no invasion of privacy...Linda C

I have been educated by an ADA specialist who informed me that the ADA does not apply to privately owned residences built before a certain date. Our Condo Association has to provide "reasonable accomodations" if requested, at the owner's expense, according to the AFHA. I could get you contact information for the ADA Specialist, if you like.

Jennifer, federal and often state laws require special services for the handicapped and the elderly. Following are examples from the Fair Housing Act:

Pursuant to the F.H.A.A. it is illegal for an Association to discriminate against any person…in the provision of services or facilities in connection with a dwelling, because of a handicap of that person. The F.H.A.A. requires accommodation if such accommodation (1) is reasonable, and (2) necessary, (3) to afford a handicapped person the equal opportunity to use and enjoy a dwelling.

The Unit Owner must show that he or she has a disability within the meaning of the F.H.A.A. To do so, he or she must show that she has a physical or mental impairment which substantially limits one or more of such person’s major life activities. Examples of major life activities would include the ability to work, walk, talk, see or hear.

To qualify as a "necessary" accommodation, the unit owner will have to show that without the required accommodation they would be denied the equal opportunity to live within the association.

A seeing eye dog would be a reasonable and necessary accommodation for a blind individual. An animal used for emotional assistance stands on far more uncertain ground. However, courts have found merit to such claims. Parking and other requirements for the handicapped are also required. Therefore, the Board needs to be as informed about the specifics of a request as possible and tread thoughtfully in the minefield of Fair Housing Laws.
------------------------------------------------------------------------
THE FAIR HOUSING ACT (excerpted from www.hud.gov)

Housing for older persons is exempt from the prohibition against familial status discrimination if:

1a) The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or
1b) It is occupied solely by persons who are 62 or older or

1c) It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older, and

2) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

3) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall provide for verification by reliable surveys and affidavits

That's the way to do it. Possibly a medium sized notice. Of course, volunteers, as good neighbors, can always ask someone in the neighborhood if they could use assistance. I help my neighbors from time to time with minor home repairs, picking up appliances with my pickup, etc. They return the favors.

Before I was on the board, there was an elderly woman living alone in one of our homes as a renter. Apparently her daughter came by to check on her from time to time. I guess the daughter was putting the trash out a couple days early for her and the owner got some violation notices. One of her neighbors volunteered to put the trash out for her and bring the empty cart in. A few weeks later, the board got a letter from the owner's attorney warning the board members never to set foot on the property again! There's one in every crowd!

I don't know how it turned out, the renter is gone now and the home is up for sale.

Jennifer, you should talk to your ADA expert. Privately owned residences built before or after ANY date are not covered by the ADA. The ADA has no jurisdiction over private residences, if they are truly private residences.

The ADA might cover private residences if part of them are used for public purposes (business, for example) or if the owner is renting them out more often than three such places a year, etc.. regardless, those provisions have nothing to do with the date the home was built.

Yup Jennifer, that I will agree with. The Fair Housing Act indeed covers some private residences.