Accommadating the disabled in an Illinois Common Interest Community

Started by MarieL • 15 replies • 1679 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MarieL (Illinois)
Posts: 82

Posted:

My husband 84 years old can only walk with use of a walker. I am 77 years old, legally blind and need a cane to walk.

Our complex has costly "professional" snow removal service who cleans some of the walks and plows up and down the center of the parking lot several times. No snow surrounding vehicles parked in the lot or empty parking spaces is removed. This makes it impossibe for us to access our car. Due to this we've had to cancel doctor and therapy appointments. Requesting these areas be cleaned and made safe are ignored by the board, who never acts on or responds to our email requests in this issue.

My question is, is the board required by ADA law to secure our safe passage to and from our car at all reasonable times?

Thank you for your responses. They will be greatly appreciated.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I have never seen nor heard of an association (been in 5) that has the responsibility of cleaning the snow off ones car.

Sorry to say, but I do not see it as an associations job.

TimB4 (Tennessee)
Posts: 21,060

Posted:

Quote:

Posted By MarieL on 02/28/2013 10:08 AM

My question is, is the board required by ADA law to secure our safe passage to and from our car at all reasonable times?

No.

They are required to "allow" reasonable accommodations.

An example of a reasonable accommodation would be to allow YOU, at your expense, to put in a wheel chair ramp if needed even if the covenants didn't allow such ramps.

You could certainly hire your own professional (or just use neighborhood kids) to shovel around your car.

You might request that, at your expense, you be allowed to install coverings over your parking spaces. This would help keep the snow from around your vehicle.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

EDIT

I did look at the
IL PROPERTY(765 ILCS 160/) Common Interest Community Association Act.

I did not read it but I did a search it for "ADA" and "disability". I did not get a hit on either so we can assume that it does not reference nor mention either.

Hope this helps.

MarieL (Illinois)
Posts: 82

Posted:

I believe I may have been misunderstood. This may be due to my vision issues.I am not requesting or expecting anyone to clean snow from our car, just clean a pathway to allow us resonable access to get to and from our car, rather than being trapped in our house due to poor snow removal service. There are mounds, and I mean big mounds of snow surrounding both sides of our car. which we cannot get over and reach our car.

All I want to know is if the board has a duty and responsibility to maintain the complex to accommidate the needs of the disabled , by allowing them resonable access to their cars, by proper snow removal they are paying for

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The answer is still no. However, why not talk to the person who plows? They are the one doing the work. I see no problem with either asking them to change how they plow around your parking area or pay them extra to accommodate you. It is not the HOA responsibility nor an ADA issue.

Former HOA President

TimB4 (Tennessee)
Posts: 21,060

Posted:

My answer applies either way.

Be it the snow around the vehicle or the snow on the sidewalk to the vehicle, the responsibility to remove it is yours and not the Associations unless the Association is doing it for everyone.

You might want to look into hiring a professional or hiring a neighbor (or simply asking a neighbor for assistance).

MikeS1
Posts: 521

Posted:

Tim - Doesn't this depend on form of ownership? IE - I know that in most condomiums (or rentals), this is different and I believe that they are subject to reasonable accommodation. It certainly does not apply in fee simple (single fam) townhomes or fee simple Single family homes.

TimB4 (Tennessee)
Posts: 21,060

Posted:

Reasonable accommodations doesn't automatically mean that the Association has to pay for something. It just means that the Association allows the owner to do things at their expense even if it's against the covenants.

Here are some links:

ADA HOME PAGE
HOA Accommodations for Disabled Residents 2012 article from an attorney
Homeowner Assocaitons and ADA Compliance on Homeowner Property a 2006 HOATalk thread

FredS7 (Arizona)
Posts: 927

Posted:

As noted in the second of Tim's links, the FFHA may also apply. However all that I have read mainly guarantees the right of the resident to make necessary changes at his own expense. Not an obligation of the HOA to pay for it.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

eg.

you live in nyc and park in the street (legally) with your 'sticker' and plates

you pay your city taxes (whether you own or rent is imaterial)

it snows

the city of ny plows the streets and 'mounds' your vehicle

it is YOUR job to 'dig out' YOUR car

the reasonable accomodation was already made by allowing the parking

? what would be different in privately owned streets ?

you pay your assesments

all other is EXACTLY the same

JohnB26 (South Carolina)
Posts: 1,569

Posted:

pps.

? y'all are still competant to pass a dmv skills test and continue driving ?

no offence ~ food for thought

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By MarieL on 02/28/2013 10:08 AM
My question is, is the board required by ADA law to secure our safe passage to and from our car at all reasonable times?

My understanding is that ADA does not apply to condos or HOA's as they are not places of public accommodation.

As others have pointed, the Fair Housing Act may apply but only insofar as requiring the association to allow you make an accommodation at your own expense.

Now for the tough love: Your husband is 84 and needs a walker. Should he really be driving around in the snow? What's wrong with leaving the car in the parking lot when weather is bad and taking a cab? Yeah, its expensive but you have apparently already decided to stick it out in the Illinois arctic instead of moving to a more hospitable climate, so the cost of transportation during inclement weather is just one more expense to bear. I am not suggesting this as a permanent solution, just when the snow is so deep you cannot get to the car.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

proper snow removal they are paying for

Your paying for snow removal for specific areas at a set price. If people want more areas plowed, I'm sure the snow removal company can quote that and give you a price. Snow removal does not mean "all snow"

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By SteveM9 on 02/28/2013 7:10 PM

Your paying for snow removal for specific areas at a set price. If people want more areas plowed, I'm sure the snow removal company can quote that and give you a price. Snow removal does not mean "all snow"

The issue here seems to be removing snow from around cars and between cars. This is all hand-work with an old-fashioned snow shovel. Even without snowplows and blowers, there is risk of damage to cars so a wise contractor is going to charge a premium for this work.

MarieL (Illinois)
Posts: 82

Posted:

Fortunately I have found the answers to this issue in FHA laws.It is also clearly stated in our governing instruments, HO's must have ingress and ergess to their parking spaces at all times. They also state assessments are to be used exclusively to provide for the health,safety and welfare of all residents and maintain all common areas in a neat and ordely manner. The parking lot is common property, as well as most of the sidewalks

As for my husband's ability to drive in snow, he is still an excellent driver and passes his driving test every 2 year with flying colors!. As for driving in snow, there is no snow on the streets and highways in the big city of Chicago. They are cleared of snow almost immedfiately and driving in snow is not an issue, unless it snows in rush hour. We are retired and drive during off hours, so we have no problems.And of course being legally blind I have not had a driver's license since my problems started.

Thanks to all of your for your respoinses.But the answer about FHAA put me on the right track

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here