hot tubs and ADA

Started by JonT4 • 5 replies • 538 views

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JonT4 (Florida)
Posts: 4

Posted:

Our HOA does not allow private outdoor hot tubs. The association does have 2 pools with hot tubs for community use. If a shareholder claims a doctor feels he needs a hot tub, must an exception against personal tubs be granted based on ADA?

HenryS7 (Pennsylvania)
Posts: 336

Posted:

Not under ADA because ADA covers public facilities and one's condo / house is not a public facility.

Rather, HOAs have to provide accomodations under Fair Housing Administration. I will defer to other to offer an opinion if a hot tub has to be allowed under FHA. I am not sure what kind of community this is, but if a high rise condo building, I would be concerned that the hot tub weighs too much to be safe on the balcony.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By JonT4 on 02/24/2022 10:20 AM
Our HOA does not allow private outdoor hot tubs. The association does have 2 pools with hot tubs for community use. If a shareholder claims a doctor feels he needs a hot tub, must an exception against personal tubs be granted based on ADA?

If the accommodation (a hot tub) does not cost the HOA anything other than an attorney consult, then an exception may be granted under the Fair Housing Act's prohibition against discrimination based on disability.

I advise consulting the HOA attorney on this. If the variance is granted, it should be based solidly on the owner's (or possibly renter's) having a disability that qualifies under fair housing disability law (which often borrows from ADA law).

The HOA should avoid a slippery slope of granting exceptions based on possibly unfounded claims of disability.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree about consulting the attorney - it's easy to make mistakes with Fair Housing laws. In general, the law requires a *reasonable* accommodation - it does not require an unreasonable one or the homeowner's preferred accommodation.

When we had requests of this sort, we turned things over to our attorney and let him handle the verification step, after which we followed his recommendation to the letter. A homeowner is less likely to bully, fool or argue with the lawyer, and the lawyer's job is to avoid getting the HOA into legal trouble.

Things to think about in this case:

* Why do the CC&Rs prohibit hot tubs? Do they need to be installed on common elements? Is it a liability issue? Water usage or drainage issues? Privacy concerns? Are the individual units not suitable for installation?

* Would the community hot tubs meet the homeowner's need? Maybe, maybe not. If he has mobility issues, having to go to the community facility may be a deterrent. Also, covid is not gone away despite many people's wishes - if the homeowner has co-morbidities, the community facility may pose unusual risks and be a deterrent for that reason.

* Are there other things that could provide the same benefits, such as a whirlpool tub in the bathroom? Are there reasons this would not work?

* What are the consequences of granting the request?

So you may or may not have to grant the request, it will depend on the details here. Talk to your attorney.

LetA (Nevada)
Posts: 2,679

Posted:

I see this same covenant prohibit in many common interest communities and the biggest concern is flooding. If the tub springs a leak, where will all the water go? The same goes for pools.
The other concern is drainage, where will the water be dumped? Piped to the sewer or drained and dumped to the curb?
The drainage may be a building code requirement for both above ground and in-ground spas.
Personally there are some really good hard sided jacuzzi companies out there that don't need a crane to drop into your backyard and the drain hose can be inserted into your drain clean-out.

As a BOD myself, I have no issues with a owner wanting a jacuzzi in their backyard, with that comes some courtesy to your direct neighbors and some responsibility to ensure there is no flooding if
the tub leaks or breaks.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jon

And might they will want a cow as an emotional support animal?.

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