Anyone had experience with a HUD discrimination

charge and what was the outcome?

Maybe I should re-phrase that and say has anyone ever been investigated by HUD OR charged with discrimination by HUD?

A reasonable modification/accomodation was requested and denied twice so a complaint was filed with HUD and there is an investigation.

Charles you could contact this HOA and ask them how they're fairing:
http://www.hud.gov/news/release.cfm?cpr08-102.cfm

Charles,

Before we can intelligently comment, we must have more info:

1) condo or planned community
2) nature of modification/accommodation
3) Hoa to pay for accommodation or h/o

single family detached?

that would be a rarer beast for a disability lawsuit than most other HOA/POA/COA's... It can happen, i assume, but tougher.

WHat type of accomodation could be desired that a board would deny on a single family home? A ramp outside, possibly? A physical therapy set in the back yard, or something to do with a pool or spa?

I am just curious... speculating.

Anytime a reasonable request to modify for accomodation of a disability is denied.. be prepped for a lawsuit. It often lands on the person who is filing the disability discrimination lawsuit..

Charles,

There have been numerous discrimination cases around the country, involving, children, handicap, racial, etc. There is only one rule for any association to follow if faced with a request for accomodation (reasonable or not) involving health, safety or security issues - get your attorney involved immediately! This is too tricky an area for a board to handle without competent counsel and the fines can be heavy.

Joe

Sorry Kirk, I disagree. You're relying on the board to determine "reasonable", (and as we've seen on this board, that's sometimes a problem)- what may seem unreasonable to a board, may have already been deemed reasonable by a court somewhere else, which an attorney should be aware of or could find out about faster and easier. There is also a whole pile of issues about costs, maintenance responsibilities, liability, removal if the owner sells, etc. I think its better to get it right the first time. Granting even a reasonable request without considering the side effects to the association is not a good idea.

Take a basic request from a person in a wheelchair that wants a ramp by the front door. Because its a townhouse association, the ramp has to extend on to common areas for a short distance. Now your insurance is involved. There's additional liability for a "trip and fall". What maintenance and appearance standards are you going to set, or are you just going to allow the person to put up an unpainted plywood ramp? Are there minimal standards (codes) that the ramp should meet? Should you require that it be color-matched to the home? Should the person sign something agreeing to the standards, color, maintenance etc.? The request is reasonable - it's in the details where things can get screwed up.

Its not about being reasonable, its about protecting the association, which is the responsiblity of the board.

Joe

Joseph,

Wow, so you feel that you should spend money to tell you what is immediately obvious that a request for a wheelchair ramp will be considered reasonable in any competent court of law?? That is simply amazing. The money is better spent on a professional who can ensure that the ramp is built to ADA standards and minimizes trip and fall hazards.

As for other things:

codes to be met - yes, there are codes call your city inspection department.

appearance - you should try to get agreement to meet community standard. If you can't get agreement, then employ the lawyer. (I did say to get one if you can't work the thing out.)

liability - well you carry insurance. In case you don't realize it, denying because of your trip and fall hazard will put you in dangerous ground of paying huge fees for not doing the right thing.

If the board can not think about details, then you really should elect a new one. And I would rather pay an design professional to help with details then a lawyer. At least they will add value to the situation. And by the way, you get insurance for the things it covers.

Dwight this might be of help and while it mainly deals with apartments and condos it does address wheelchair ramps and what can and cannot be required.

http://www.usdoj.gov/crt/housing/fairhousing/reasonable_modifications_mar08.pdf

Actually this document applies to single family HOA's too as in our case. HUD said they had juristiction over the complaint that was filed.

Tamara, I don't believe Charles is on the BOD, he has a friend in the HOA whose child has autism and has been asking for accommodation for the fence in her yard.

http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/45556/Default.aspx

This would be more cost friendly for them, and still be visually acceptable to what your community standards are while allowing the child to enjoy his yard.

Google: "housing discrimination laws" and you will get info on:

Section 504 of the Rehabilitation Act of 1973
Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance.

Architectural Barriers Act of 1968
The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.

If they can reconcile before HUD decides to seek relief that will save a lot of money. But I would be looking for a recall of the Board. I know that many times information on this site is one sided. But when you get the association involved in a HUD anti-discrimination investigation there is no other side to me. Short of compelling evidence I suspect they are guilty as being investigated. The question now is if there is enough to hang them up to dry.

As for the standards, if the Board doesn't like materials on the approved list, they should change the list. It is plain and simple. If the rule doesn't fit, change the rule. I know it takes time and effort, but change it none the less.

I am not sure of the particulars of your case, but am I rememberhing that the two isuses seem to be:

non complicance of size
non complicance of materials

for special needs for a handicapped child.

Is that right?

There could be a valid reason for wanting to amend and change acceptable materials. But two things come up here. The first is that any owner could sue and prevail as long as their material meets what is in the rules now. Two, if the change in material will significantly add to the cost of the modification for disability then the cost must be born by the HOA.

People should understand that money doesn't grow on trees. And no, the government isn't throwing money to the disabled either. Modifications can be expensive, but they are not optional. I believe that most disabled want a nice looking modification. But they need to put in what they can afford.

That is fine if the HOA wants to pay for the change. They have the right to pay the extra cost to bring it to what they want as opposed to what is needed. I would also note that they will likely pay more to settle this then they would to have paid the difference in cost.