Condo Association Management Blog

That is a very, very delicate situation. 
 
First, I recommend that you contact legal counsel. Under most state laws and under federal law, you cannot discriminate if she has a legal disability. However, the Association does not have to pay for this and can require that when the homeowner leaves, it will be returned to original condition. 
 
An attorney can help guide you through this. In my opinion, and I am NOT an attorney, it would be reasonable to ask the owner to legally show that she is handicapped and have an attorney provide you an opinion. 
 
I have not been involved with but have seen associations that do not make reasonable accomodations suffer financially because they would not allow a modification that the homeowner was willing to pay for. Every case I have been involved with in regards to a handicap, as an agent I immediately get a legal opinion and work with the board to carefully go through the process. 
 
Your options may be these: to allow the modification, paid by her with an agreement to restore the common areas to original condition upon sale of the unit by her or her heirs or for you and the other owners to get together to purchase her unit. 
 
What I don't know is if the building is considered a historic building or not and how this affects that, which is why you desperately need a legal opinion. Changes to historic buildings that have been designated as historic landmarks have different rules, but that is only if it is designated as a historic building or landmark. 
 
Good luck!

If the building is less than 5 units-MA law does not require the board to do anything. Condominiums in MA are considered private. The board as a courtesy could recommend reasonable accomodation, however, the unit owner would need board approval 75% and would have to pay for installation and either the owner or heirs pay for subsequent removal.  
 
 
 

You may want to contact MA Disability Law Center. See Massachusetts General Law (MGL) 151B Section 4 (7)(A) for State law applicable to this issue (you are less than 10 units), as well as the Fair Housing Act at 42 USC 3604 (f)(3)(A). You may also want to review a Joint Statement from the US Department of Housing and Urban Development (HUD) and the US Department of Justice (DOJ) on Reasonable Modifications at: http://www.justice.gov/crt/housing/fairhousing/reasonable_modifications_mar08.pdf.