When a resident files a reasonable accommodation request, board members must be careful about issuing a rejection. It is important to review each request individually and make a decision based on the law. Denying a valid request that doesn’t pose undue hardship to the association can result in legal challenges.
What is a Reasonable Accommodation Request?
Simply put, a reasonable accommodation is a change or adjustment that lets a person with a disability enjoy or use the space equally. It makes it easier for people to access services or complete important tasks without discrimination, provided that doing so does not impose an unreasonable burden on the association.
A good example is providing an exception to an association rule. If an HOA has a policy that prohibits residents from keeping pets, it may need to make a reasonable accommodation for a service animal.
This means allowing the resident to keep their service animal in their home or unit. Of course, most associations impose reasonable restrictions, such as requiring the owner to pick up after the animal and keep it on a leash.
Physical changes are another example. If a wheelchair-bound resident can’t access an amenity or facility, the HOA may need to install a ramp or widen the doorways.
Can an HOA Deny a Reasonable Accommodation Request?
Fair housing laws don’t require associations to automatically approve reasonable accommodation requests. In fact, the board must review each request individually, as circumstances can vary greatly from one person to another. Plus, there are certain situations where an association can deny this request.
Examples include:
- The resident is requesting an accommodation for personal reasons, not due to a disability.
- The accommodation would create an unreasonable financial or administrative burden for the association.
- There is insufficient information to demonstrate that the accommodation is needed because of a disability, even after the association requests supporting documentation.
- The accommodation would significantly change how the association operates.
- The accommodation would pose a direct threat to the health or safety of others.
Even with legitimate grounds for denial, board members must exercise caution. A request may seem out of the ordinary or prompt complaints from neighbors, but that doesn’t automatically warrant rejection.
Instead, board members must practice due diligence. They must investigate the matter further, speak with the requesting resident, and request supporting documentation. That said, medical records are off limits.
Additionally, there may be alternatives to the original request that would essentially achieve the same results. For example, a resident with a mobility disability might ask for a reserved parking space directly next to the building entrance. If the HOA can’t reserve that exact space because of a valid restriction, it can reserve the next closest available space instead.
Understanding the Fair Housing Act
The federal Fair Housing Act (FHA) protects against housing discrimination based on several characteristics, including disabilities. According to this law, associations must provide reasonable accommodations for a resident with disability (when necessary).
As previously mentioned, one example is to allow a service animal or emotional support animal in an HOA with a no-pets policy. Another example is modifying certain procedures to accommodate a resident’s disability.
Moreover, according to the FHA, an association may request additional information to verify the resident’s disability and the need for the change or modification. Boards should keep it to general records only, as medical records are confidential.
In addition to the federal FHA, many states have their own fair housing laws. Both Virginia and Maryland have laws that protect against housing discrimination based on disabilities, among other things.
How to Ask HOA for a Reasonable Accommodation
When filing a reasonable accommodation request, owners must follow the steps below.
1. Submit a Written Request to the HOA Board
First, the resident must submit a formal written request. This request must include all pertinent information, including what accommodation they are seeking and why it’s needed. The request must be filed with the HOA board or management company.
2. Provide Supporting Documents
Not all disabilities are visible to the naked eye. In these situations, the HOA board may ask for information to verify the disability. This information must come from a healthcare provider.
Board members must exercise care at this step. The documentation only needs to confirm that the person has a disability-related need. It does not have to disclose the specific medical condition.
3. Wait for the Board to Review the Request
After submitting the request and any supporting information, the resident must wait for the decision. Board members must review each request carefully and promptly.
The evaluation must follow a fair and consistent procedure, leaving no room for bias or personal judgment. If the resident has a disability and the accommodation is necessary, the board should approve the request, provided it does not pose an undue burden on the association.
4. Respond to the Board
Sometimes, the HOA board has clarifying questions, may ask for additional documents, or may open a dialogue to find an alternative. When this happens, the board will contact the resident directly.
5. Receive the Board’s Decision
After everything, the board will make its decision. This decision, often in writing, will be sent to the requesting resident.
Approvals must come with a clear explanation of the implementation process. In contrast, if it’s a denial, the board must clarify why it reached that decision.
Does My HOA Have to Comply With the ADA?
The Fair Housing Act is the primary governing law for reasonable accommodations. While the Americans with Disabilities Act (ADA) also protects against discrimination based on disabilities, it does not automatically apply to associations.
The ADA applies to public spaces, so it typically doesn’t apply to HOAs and condominiums, which are primarily residential. Even for amenities that are open to residents’ guests, the FHA is the governing law.
To seek a disability accommodation in HOAs under the ADA, the space must be a place of public accommodation or use. This means that it is open to the general public, not just the residents. Examples include commercial spaces, leasing offices accessible to the public, or a clubhouse that the HOA rents to non-residents. These spaces must comply with ADA requirements.
A Quick Summary
A reasonable accommodation request can make it easier for residents with disabilities to access the same spaces and services as everyone else. While it is protected under the law, associations are not obligated to issue automatic approvals. Every request must undergo a fair and consistent review process.
Majerle Management, Inc. provides management services to HOAs and condo associations in Maryland. Call us today at (301) 220-1850 or contact us online to start your journey!
RELATED ARTICLES:
- How To Improve The ARC Request HOA Process
- What Happens When The State Takes Over An HOA?
- Can An HOA Be Dissolved? Should Your Community Do It?