Reasonable Accommodation Request?

We are stacked condos, 2 high. We are 40 years old. The sidewalk entry is 2-1 step steps that accesses 4 units. The space between the steps lengthwise is approximately 3-4 feet. The steps have a handrail.

We have received a reasonable accommodation request from a 1st floor owner requesting a ramp from their front door to their parking space. The elderly owner uses a rolling walker when they feel it’s necessary. They use it over the grass and though the woods at their leisure. Many times they don't use it at all.

The owner has placed 2 store purchased ramps in the walkway. The ramps are not secured and do not cover the entire width of the walkway leaving a 6-8” gap on one side. The Board asked them to remove the unapproved ramps and file an ARC request.

They have filed an ARC request for the store purchased ramps with an additional ramp at the curb to their parking space which would extend to the neighboring parking space in width. We have assigned parking spaces.

We are taking this to our attorney but was wondering if anyone else has information on dealing with this issue. Is it reasonable to allow for ramps, maybe not these that don’t fit the width of the walkway and create a wheel drop hazard for the walker, on community property that services 4 units with an additional ramp in the parking lot?

Looking forward to comments and thoughts about this situation.

I would make sure whatever is installed is removable. It is not a permanent structure. That way it can be removed once they no longer in the property.

Pat, since your CIC has already engaged your attorney and since reasonable accommodations are a federally regulated matter that has been litigated repeatedly over the last 30 years, I would honestly say that feedback from this forum is not going to meaningfully improve your outcomes.

So instead of working with them you’ve already sent it to a nasty lawyer. Way to piss away your hoas money. Total fail

They will win in the end

Since your condo was built before the ADA I would honestly just have the concrete poured to meet their accommodation. Having their portable ramp that is wider than the current sidewalk
I would worry that the ramp is unstable and can cause a trip hazard. If the ramp is there al the time and someone else uses it and falls, it sets up some pretty nasty legal challenges.
Look at your reserve study and see where replacing sidewalks come in and go from there. If your reserve study calls for replacing aging sidewalks, they will more than likely
be installed with current ADA guidelines in mind.

I'd probably grant it PROVIDED it's fitted properly to the space to avoid gaps. I know that may mean he or she will have to get something other than whatever was purchased from the store,but we are talking about safety. I don't 2an5 the owner or anyone else to risk and then turn around and try to sue the association.

The owner would also have to remove it when the house was sold or if the owner didn't need it anymore. The ramp can't be extended to the parking lot (safety concerns again)- it may be necessary to move the owner's assigned space closer to the home.

Has anyone else noticed pat's statement about the owner not even using the rolling walker most of the time? That may be subjective because I wouldn't expect people to stare at the lot 24/7, but this makes me pause a bit. It would be another matter if someone else in the home also uses a walker or wheelchair,but this person is rolling around on the grass, which may have uneven ground.

Does the ramp need to be ADA compliant? I know they sell them.