Colorado HOA Question

Started by ClevelandB • 7 replies • 2075 views

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

⚡ Takes 30 seconds

Already a member? Log in

ClevelandB (Colorado)
Posts: 3

Posted:

Hello,

We are in an HOA community. When we moved in, we were aware that there was an HOA and had no issues with abiding by the rules. Shortly after we moved in, we had to ask to park street side because our driveways are too short (if you park on them, you will block sidewalks) and due to the slope, I had a hard time getting in and out with assistive devices (it added about 7 inches to the step down). After going back and forth, the HOA basically asked for medical records (even though I am in a wheelchair, it is painfully obvious what the issue is) and granted us parking street side. Since then, the HOA and Property Management company has went on an assault against us. The HOA president, which has subsequently resigned, told us that we should have "considered our situation" before moving in and if we didn't like the HOA rules, we should have stayed out. With the driveway issue effecting not only us, we have asked the HOA to come up with a solution so we can get through the neighborhood safely; we have had an issue with a homeowner accosting us for going through his grass at the end of his driveway and me falling out of my chair due to the slope of the curbs and breaking a front wheel on my chair. Last year when I approached the HOA Board, we were told it wasn't their concern and to go to the city. We have went to the city who told us that Code Enforcement will get involved if the HOA won't, to include fining them, the PD will come out and ticket/tow if sidewalks are blocked and the mayor has backed this up as well. I think it is stupid that it has went to this length to resolve something that is common sense. The board wants me to go to the next meeting, discuss my disability to an open meeting and ask for them to do something again. My questions are this:

- Is it legal to discuss unsterilized HIPPA information like this at a public meeting?
- Can the HOA still decide not to take action, even when it doesn't comply with city and state statutes?
- What can I expect? All I have really wanted is a way to get down the street to get to our mailbox, kids schools and parks safely.

RogerB (Colorado)
Posts: 5,067

Posted:

Cleveland, You may want to review the Americans with Disabilities Act (ADA) and discuss applicable requirement for which your HOA Board is responsible. If the HOA has professional management you could also discuss this with your community association manager. Also, you could contact an attorney knowledgeable in ADA and get their ideas (this could be done before the meeting and perhaps even have an attorney accompany you at the next Board meeting if deemed necessary). Many attornies will not charge for a half hour consultation. One good Denver area HOA law firm advertises on this site.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By RogerB on 06/12/2015 9:32 AM
Cleveland, You may want to review the Americans with Disabilities Act (ADA) and discuss applicable requirement for which your HOA Board is responsible. If the HOA has professional management you could also discuss this with your community association manager. Also, you could contact an attorney knowledgeable in ADA and get their ideas (this could be done before the meeting and perhaps even have an attorney accompany you at the next Board meeting if deemed necessary). Many attornies will not charge for a half hour consultation. One good Denver area HOA law firm advertises on this site.

Roger,

I do not believe that the ADA is applicable in this situation as an HOA is not a place of public accommodation. But the Fair Housing Act (FHA) should apply. This basically requires the association to make a reasonable accommodation for a handicapped individual, although any improvements or modifications to the property are normally borne by the individual seeking them.

My wife works for a major health insurance carrier and HIPPA laws are quite strict and complex. I do not believe that a handicapped person can be compelled to discuss his medical condition with non-medical personnel nor may he be compelled to do so in a public or semi-public setting. If the BOD has doubts about the OP's medical condition, their physician should contact the OP's doctor if the OP consents, and I do not believe the FHA requires such consent.

Hopefully, someone more knowledgeable will post some links to the Fair Housing Act and how to file a complaint.

Cleveland, if these are city streets can you apply for a handicapped parking space in front of your home?

ClevelandB (Colorado)
Posts: 3

Posted:

I just called the city, they think I have to ask the HOA for the street sign first before they will come and put one up. Its like a big circle of endlessness.

RogerB (Colorado)
Posts: 5,067

Posted:

LarryB,
The Fair Housing Act when first enacted, prohibited discrimination on the basis of race, color, religion, sex, and national origin. In 1988, disability and familial status (the presence or anticipated presence of children under 18 in a household) were added (further codified in the Americans with Disabilities Act of 1990). In certain circumstances, the law allows limited exceptions for discrimination based on sex, religion, or familial status.

The Fair Housing Act deals with discrimination and is applicable when purchasing a home. For Cleveland's situation related to acess for a disability the ADA is applicable.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Hi Cleveland

Suggestion - Speak with your doctor. Explain your situation. Ask for a letter explaining what your needs are. Doctors do this all the time. You can black out (redact) anything in your doctor's letter that you consider personal and don't want shared. The issue is your physical needs (which you want the HOA to consider), not your health condition (which is none of their business).

Whether it's ADA or FHA or local rules, there may be an obligation to make reasonable accommodation.

Present your doctor's letter to the HOA. Like your said in your original post, ask what accommodation they will make.

You can always bring in a lawyer if you need to. Right now, the doctor's letter may be enough to get their attention shifted.

Sikubali jukumu. Read all posts at your own risk.

JimR26 (Alabama)
Posts: 27

Posted:

Above all protect your HIPPA rights. I do not know them outright, but a simple search for HIPPA should tell you all you need to know.

With your comment of: "The HOA president, which has subsequently resigned, told us that we should have "considered our situation" before moving in and if we didn't like the HOA rules, we should have stayed out," I'll add. HOA boards are run by the tyrants in the community. From what I've seen they do not follow the rules, of course they force others to follow the rules. That's a tyrant. What came from the mouth of your tyrant comes from the mouth of most HOA Presidents. Pardon me, I got that wrong. The ones on this website are "Apostles of Virtue" and volunteer do-gooders, therefore you need to overlook their little indiscretions. Shame on you for wanting to follow rules. You cannot expect common sense to prevail in an HOA ... tyrants do not understand common sense only "control".

You might want to speak with an attorney; this might be a case of discrimination. If you reveal anything about your handicap to the board that you want kept private know it won't be.

My best to you. All of us read the CC&Rs and want to comply. Whether your CC&Rs are 10 pages or 300 pages, the board rules and they want to rule (except of course the Apostles of Virtue on this blog ... you know you are all sheer perfection and are of course are excluded from my comments) ... they don't care to rule fairly. Absolute power corrupts. HOA boards and their MC's need a watchdog, not a pacifier like the CAI. I am one of those who would NEVER live in another HOA.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By RogerB on 06/13/2015 8:23 AM
LarryB,
The Fair Housing Act when first enacted, prohibited discrimination on the basis of race, color, religion, sex, and national origin. In 1988, disability and familial status (the presence or anticipated presence of children under 18 in a household) were added (further codified in the Americans with Disabilities Act of 1990). In certain circumstances, the law allows limited exceptions for discrimination based on sex, religion, or familial status.

The Fair Housing Act deals with discrimination and is applicable when purchasing a home. For Cleveland's situation related to access for a disability the ADA is applicable.

Roger,

My advice was based on the Arizona Court of Appeals opinion in Nolan v. Starlight Pines,, which may be found at
https://scholar.google.com/scholar_case?case=5737621684534274636&q=Nolan+v.+Starlight+Pines&hl=en&as_sdt=806&as_vis=1

In Nolan, the issue was wheelchair accessibility to facilities located in common areas inside an ungated HOA. The facilities included the meeting hall, mailboxes, and trash containers. In that case, the court ruled that the ADA did not apply because the HOA was not a place of public accommodation. The court did note that Nolan might have had a claim under the FHA for accommodation of his handicap but was denied relief because he never actually made a request to his HOA.

The Nolan court found that it was a violation of state law enacted to comply with FHA if there was:
1. A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises . . . .
2. A refusal to make reasonable accommodations in rules, policies, practices or services if the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling.

In this present case, the ADA might apply if the street is public.

In any event, the OP should make a written request by certified mail to both the city and the HOA to allow him to install a handicap parking space, sign, curb, and anything else needed. If his request is either ignored or rejected he should then file a complaint. The HUD office for Colorado is in Denver and their phone number is (800) 877-7353. The HUD website is at http://portal.hud.gov/hudportal/HUD but I did not find it very helpful.

🎯 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