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JamesE12 (North Carolina)
Posts: 8
Posted:
I didn't want to include this in my previous post as it's a completely different topic (though still hurricane related). My father had told me he previously looked into rolling shutters in lieu of those large corrugated metal types that neither one of us has the strength/agility to install (medical reasons) and the HOA told him that they were not allowed. I'm not going to complain about that because I think they're a tad ugly. He did bring up the idea of impact resistant windows which seems to negate the need to install hurricane shutters in the first place.

My question is this: Can HOA approval be denied? Given the near impossibility of installing the neighborhood "standard" shutters, could the installation of impact resistant windows be considered a "reasonable accommodation" under the Americans With Disabilities Act? I can't see any justification as to why the HOA would want to deny in the first place since there doesn't appear to be any negative impact to neighborhood aesthetics.
SheliaH (Indiana)
Posts: 6,964
Posted:
They might, but in light of Hurricane Irma, I suspect HOAs all over Florida will be rethinking CCRs and design standards when it comes to things that can reduce property damage and injury.

Since there's no way to predict anything, your father may as well apply for an exterior change request for installing the windows. He should try to find windows that look as close as possible to what they have now and provide as much information on them as possible. In fact, why not provide the contact information on the contractor - he/she may be happy to come out and provide more information to the board, especially if there's a chance he/she can drum up more business installing these windows. Good luck!


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JamesE12 (North Carolina)
Posts: 8
Posted:
Quote:
Posted By SheliaH on 09/22/2017 6:13 AM
They might, but in light of Hurricane Irma, I suspect HOAs all over Florida will be rethinking CCRs and design standards when it comes to things that can reduce property damage and injury.

Since there's no way to predict anything, your father may as well apply for an exterior change request for installing the windows. He should try to find windows that look as close as possible to what they have now and provide as much information on them as possible. In fact, why not provide the contact information on the contractor - he/she may be happy to come out and provide more information to the board, especially if there's a chance he/she can drum up more business installing these windows. Good luck!


Since I'll own the home at some point in the future, I suppose it's time to start getting acquainted in our HOA happenings. Given that everyone (even the board members) more or less suffered the same in the aftermath of Irma, I'm not going to anticipate any real resistance (to either the windows or the generator that I mentioned in a previous post).
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JamesE12 on 09/22/2017 5:27 AM

My question is this: Can HOA approval be denied?

If an exterior change violates the covenants, does not comply with existing Association guidelines or is not the same style the development was based on (colonial for example), then requests can (and are) disapproved.

Quote:
Posted By JamesE12 on 09/22/2017 5:27 AM

could the installation of impact resistant windows be considered a "reasonable accommodation"

probably not.

Quote:
Posted By JamesE12 on 09/22/2017 5:27 AM

under the Americans With Disabilities Act?

The ADA doesn't apply to Associations.
The ADA applies to public buildings.

The Fair Housing Act does apply to Associations.
The Fair Housing Act has many of the same stipulations found in the ADA.

Quote:
Posted By JamesE12 on 09/22/2017 5:27 AM

I can't see any justification as to why the HOA would want to deny in the first place since there doesn't appear to be any negative impact to neighborhood aesthetics.

I agree.

Make sure if you need to have grids, that grids exist.
Make sure if they need to be painted, they can be painted.

ASK and see what they say.
JamesE12 (North Carolina)
Posts: 8
Posted:
When I found the HOA rules regarding generators, I also found rules governing hurricane shutters. Since windows are not shutters, hurricane shutter rules would not apply.
TimB4 (Tennessee)
Posts: 21,059
Posted:
With James post count at zero, I expect he has resigned from this forum.

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