This might involve the American with Disabilities Act

We are a senior community in NE. Our building has 43 condominium units with 31 parking stalls in the building. Our garage has electrical outlets. At this time we have two residents who use mobility carts. One has been charging his cart using the electrical outlet in the garage. I just called his wife to ask how heavy his cart is. I am thinking it is too heavy to place on the elevator to take to their unit it charge, but am not certain about this as his wife wasn't certain how heavy it is.

There has been some Board discussion as to whether or not we should allow this as it increases the electrical fee for the common areas. The owner has offered to pay any additional electrical that he uses to charge his cart.

I am kind of thinking since the electrical outlets are located in the common area we cannot prevent him or anyone else from using these outlets to charge their mobility carts. Another line of thinking I am going on is related to the American with Disabilities Act. I haven't actually read this law, but I hope to read it before our next annual meeting because our President wants to place allowing these common electrical outlets to charge personal items to a member vote.

I appreicate all comments.

Thanks, Tim, This is a great help. I was having second thoughts about putting it to a member vote.

I agree with Carol. The association should not be footing the bill for their use of association electricity.

The ADA has little to nothing to do with HOAs. However, the Fair Housing Act does require HOAs to make reasonable accommodations (in its CCRs, rules, etc.) for residents with disabilities.

However, is allowing one to charge a mobility cart a reasonable accommodation?

If by a mobility cart you are referring to either a "scooter" or an electric wheelchair there should be no reason why it can't be taken to the unit on an elevator. True, they are heavy, but they weigh less than an adult human being. In fact, a normal, healthy adult can lift one. I know this first hand because my wife has used both.

Furthermore, what does this person do when going shopping or to the doctor? To reach a different level the person has to be able to take it on an elevator. These vehicles are made to go on elevators. Weight is not the issue as long as your elevator is big enough (and most are) to accommodate the vehicle's size.

"The ADA has little to nothing to do with HOAs. However, the Fair Housing Act does require HOAs to make reasonable accommodations (in its CCRs, rules, etc.) for residents with disabilities." Absolutely correct as to ADA and associations.

As far as FHA, associations are required to show flexibility to a disabled person request and allow specific "accomodations" or "enhancements" as requested. The association, however, is NOT required to foot the bill of the disabled person.