Disabled and Handicapped - Access to Board Meetings (FL HOA)

Started by KimB1 • 13 replies • 1759 views

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KimB1 (Florida)
Posts: 81

Posted:

I have a few neighbors who are unable to climb the stairs to attend Board Meetings which are held at our designated clubhouse. We are 125 houses, and there are atleast 6 distinct homeowners (2 x 6 = 12 people) who are being left out of this meeting because of the location on the 2nd floor of a facility we pay only $10 a year to use.

My neighbors have on numerous occassions contacted the board seeking alternative locations since they want to attend meetings - especially for the annual meeting and election. I want to help - but with a meeting only 3 weeks away little time is available.

We have alternate facilities (pool area) but the Board has ignored their calls, letters and emails and have not re-located the meeting.

What are the rules, statutes - Federal or Local that apply and how what can I do quickly to change the location of our annual meeting and subsequent meetings. I can easily get 10 signatures for a petition, but is there something else? Please help!

Thank you, Kim

HaroldS (Arizona)
Posts: 906

Posted:

You can call the Federal Americans with Disability Act - 1-800-514-0301 but I don't believe private meetinsg are covered.
That is astounding your board refuses to change the meeting place when another is available. Many HOAs complain of lack of interest in their meetings, and here you have twelve members being kept from attending.
Harold

CharlesW1 (Georgia)
Posts: 826

Posted:

KimB1,

I agree with HaroldS previous post. As a board member myself, I know how expensive it is to hold HOA meetings aside from general preparations.

Although $10.00 is very inexpensive (for an entire year), I feel that holding the meeting at the pool side (free and on location) would/could potential bring even more people to their meetings (at least twelve more that you know of). One would think that your board would do this for the members of their community. Especially for those twelve who have shown interest, but because of their handicap can’t attend. NOT EVEN ANNUAL ELECTIONS?!

Your BOD should be ashamed. It’s clear to me that these people have expressed their desire to attend, yet “they” (BOD) continue to hold the meetings where those, with disabilities can not attend.

I understand it maybe a lot of work, but wouldn't the building itself HAVE to be wheelchair accessible? Most likely to the first floor at which point the elevator would need to be accessed. Just a thought, certainly worth looking into.

Best of luck
Chuck W.

Charles E. Wafer Jr.

Jadedone4 (Virginia)
Posts: 495

Posted:

Sorry KimB, I usually can post something here on the forum, but this just has me shaking my head....

One thing that I did notice and this is the legal background in me... your post header states "disabled and handicapped" but the body of your post states "unable to climb stairs" - are the inviduals in question actually handicap/disabled as certified by your local agencies (parking permits, disablity tax or otherwise states, etc)? Or is it just that they are unable to walkt the stairs for whatever reason (age, injury, etc).

Ultimately, I am still shaking my head that a board will not entertain "reasonable accomodations" for a significant population of membership. At best it would be a good gesture (until a solution is found) to have the board (if possible) go to the first floor for the resident's forum so that the above member's voice/opinions can be heard, and then move to second floor for the business at hand (while not perfect it does allow some level of appropriate interaction between board and members).

still shaking my head on this one.....

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KimB1: Not sure you are going to agree with my response; however, here goes.
You state that the neighbors (6 owners) cannot "climb the stairs" to the clubhouse facility where the Board meetings are held.
Is the clubhouse an amenity which is part of the overall community common area and ownership?
Did the designated location of the clubhouse exist at time of resident purchase of their unit?

You do not state clearly if the clubhouse is actually part of your community's amenities, or if this is a separate facility/bldg. not part of resident common ownership.

Not to sound harsh--but votes for election/general meetings can be cast by proxy or by written ballot mailed in for those who are unable to climb stairs to attend in person. You could also start a petition with appropriate signatures to hold a member vote on moving meetings to a more accessible location--research beforehand to propose alternates/meeting rooms at schools, libraries, etc. You, as residents, have the right to present your wants to the board and certainly this is a concern you should all be able to overcome.

KimB1 (Florida)
Posts: 81

Posted:

Thank you for your responses. I have to presume that a few of my neighbors are disabled in some fashion. It is possible they are legally handicapped and it may also be fair to assume they have a handicapped parking permit. They walk with assistance by a walker or cane, one carries a portable oxygen tank. Their disabilities are visible and known by the board. They have also expressed this on our website forum. We are not an aged restricted community.

Our clubhouse is located on the 2nd floor of the golf course pro shop. When the community was built 15 years ago there was an understanding for us to pay $10 per year to use this large room. The 1st floor consists of a pro shop and snack bar only. And there is no elevator to access the 2nd floor.

There was one board member who called this couple and apologized for his fellow board member's behavior. I've tried to appeal to him to pursuade his colleagues to reconsider an accessible location.

Thanks, Kim

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KimB1: ..."The 1st floor consists of a pro shop and snack bar only. And there is no elevator to access the 2nd floor."
Would it be possible to schedule the meeting/s here on the first floor?

KimB1 (Florida)
Posts: 81

Posted:

Additional information.

Their disability is most likely due to age or injury, since the condition seems to be deteriorating. But I do not know for sure. Let's assume it's an age or injury.

This facility is part of our "common area" ammenities, for the use and enjoyment of the owners. Article III "Property Rights", Section 1 - "Owner's easements of enjoymet" states every owner shall have the right and easement of enjoyment in and to the Common Area for its intended purpose, which shall be appirtenant to and shall pass with the title to every unit.... Unless they are 60 days late in paying assessments, unless the space is dedicated or transferred to public agency (2/3 vote requred)..

KimB1 (Florida)
Posts: 81

Posted:

Unfortunately the meeting cannot be held on the 1st floor. There would also be no place to sit. And the HOA relationship with the golf course owner (landlord) is not good because the clubhouse needs a lot of improvements and landlord wants to charge us for a portion of them. $20K or more. We do not own the building.

KimB1 (Florida)
Posts: 81

Posted:

I just publicized general information about the proper use of proxies since the proxy form used has board names listed with a check box, along with a little line below to write-in someone's name. Our community has been mislead that they need to give their proxy to an existing board member.

These owners have expressed their desire to designate me to handle their vote by using their proxy. This information was put in a report I sent out that summarizes the results of a "self review".

1)The definition for Proxy is “the function or power of a person authorized to act for another". In other words:
- You can give your proxy TO ANY HOMEOWNER
- You do not have to give your proxy to an existing or future board member or director
- The Choice is yours to make!

2)To be valid, a proxy MUST ALSO:
- Be dated;
- State the date, time and place of the meeting for which it was given, and
- Be signed and dated by the authorized person who executed the proxy

3)A proxy is ONLY EFFECTIVE for the specific meeting for which it was originally given as the meeting may lawfully be adjourned and reconvened from time to time, and expires 90 days after the date of the meeting for which it was originally given.

4)And a proxy is revocable at any time at the pleasure of the person who executes it.

5)And, if the proxy expressly so provides, any proxy holder may appoint a substitute (ANY MEMBER) to act in his or her place.

6)Directors MAY NOT vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KimB1: A proxy form is not the same as a written ballot; they are two distinct types used for voting.

If you are going to go the 'proxy' route, it is wise of you to include 'any homeowner' as a proxy for another and not to only list Board Members as proxies.

You could also choose the route of a written ballot which usually is the case at an election meeting. A written ballot is a 'secret ballot' as opposed to raising one's hand to express their vote. A written ballot including the nominees' names can be mailed prior to the election meeting for those who cannot attend (disabled or otherwise); can be returned to a designated person (usually the Secretary on the Board) and held until the meeting at which time the inner sealed envelope is opened and counted with all other written ballots collected.

I would not see the need for a "proxy form" and a written ballot to be used at the same meeting. A written ballot is personal and affords residents who cannot attend, the opportunity to be counted by giving their personal vote and decision.

If this is something you may want to explore, Gloria and Roger could perhaps give you verbiage for a written ballot. You can also do a search from the description box on this site for other postings on this subject.

HaroldS (Arizona)
Posts: 906

Posted:

Kim - if you are renting this room, it could be that they (the owner) have to provide for disabled access. It seems I remember such a requirement if someone is renting out rooms for meetings. That I'm sure would make the owner stop letting you use the facility for a nominal fee and then they'd have to find another location! Harold

LindaC3 (Florida)
Posts: 526

Posted:

Kim...... Is this golf course a "private" course , or is it open to the general public at large ? Being in the construction industry and code development in Florida, I would suggest to you that you call your local building dept ask to speak the Chief Building Official, explain your situation and ask his professional opinion with regards to the accessability issue. I am not sure about the codes back 15 years ago with regards to access BUT if they are planning any major renovations TODAYS codes will dictate them having to put an elevator in because of the commercial designation of the property. Private or otherwise they would have to meet the standards for accessability..... Keep us informed of your progress LindaC3

JeanneK3 (Maryland)
Posts: 562

Posted:

There's more to an annual meeting than just voting. Disabled people have the right to hear what is happening in there association and it is inexcusable (and probably illegal) to deny them that right. The homeowners in question should file a complaint with the local agency dealing with such problems. Then I bet the Board would be more accommodating.

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