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Is HOA responsible for financially compensating woman in wheelchair?

  
  
  
  
  
  
I live in a condo with my Mom who is in a wheelchair. The elevator is down for repairs for one month. What are the responsibilities of the HOA to accommodate my mother. I cannot get insurance to pay this time. They did on a claim last year but are now saying they will not. What can I do to make the HOA pay for us to stay in a hotel or to get in and out of the condo? We are on the second floor. Thank you.
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Comments

The Association should have never left you without an elevator to use. Either they can provide someone to get your Mom down the one floor or possibly put you up in a hotel. Better yet, why don't they get someone to repair the elevator asap. I don't know why there is a month wait before the elevator is repaired. If there isn't a good reason for having the elevator not working for a month and the Association has no other alternative, then they should provide what you and your Mom need to spend the that month being taken care of. Sometimes Associations think they have the power to do anything they want. I would get in touch with AARP or any kind of Association that helps out the elderly or disabled and they will help you out. Hope this helps.
Posted @ Friday, August 27, 2010 8:33 AM by chillwatch
Before commenting I need to know in which state your condominium is located.
Posted @ Friday, August 27, 2010 9:03 AM by Charles Adler
The American's with Disabilities Act generally only applies to HOAs whose facilities are open to the public. Check with an attorney to see if the HOA has an obligation to provide a working elevator under the ADA. 
 
 
 
In the meantime, is there a freight elevator that your  
 
Mom can use?
Posted @ Friday, August 27, 2010 9:04 AM by mary
An elevator in a Condominium is a common element. As such it is the responsibility of the Board of Directors to keep it in good working order. It is no different than a leak in the roof. The roof is a common element and as such the Board must repair it at condominium expense. What State???
Posted @ Friday, August 27, 2010 9:20 AM by Charles Adler
If there is a valid reason for the elevator to be out of service for that period of time, and the HOA is responsible for alternative solutions (check w/attorney), the HOA insurance may pay for accommodations and may want to determine what those accommodations should be.
Posted @ Friday, August 27, 2010 10:54 AM by csl
Some Condo Association board members do think they can do whatever they want, or so they think they can. 
 
I do not understand when a problem that exist like a roof or lighting to the parking lot and entrance ways, must take long periods of time to complete. I get tired of the quotation "They will be fixed in a couple of days" and then it turns into weeks on end to fix after 3 or 4 phone calls and letters to them. If board members do not have the time to give to get this stuff done then may they please step aside and let someone else do it. 
 
In this case if it were myself I would tell them if it weren't fixed by tomorrow I am calling someone on my own and I will deduct it from th condo fee. "WHAT" they are going to put a lien on me if I don't pay up"  
 
You have your rights and the rights of your mother is to be able to go in and out with that elevator use. To me that is against the handicap law and they could be held responsible for not providing a secondary use for her to us. Businesses today are pretty prompt at completing a service and unless that elevator needs a part from China, I would call the place and find out why they are taking a month to fix. You are a member and you have the right to know. Good luck
Posted @ Friday, August 27, 2010 11:26 AM by s
This comment is directed towards S. What you may not realize is that getting things done for a condo association is much different than in a house. In order to protect all members, there are usually requirements to get 3 bids so the Association is not taken advantage of and so you as the owner get the best option possible, once bids are obtained, the board needs to post notices and meet, to decide on which one to use, etc. Getting the bids takes times, making sure each bid is based upon the same specs and they all have equal and adequate insurance all take up time. Your Board members are left to handle all of this as volunteers while they often work 8 hours a day. Meeting with vendors becomes even more difficult when board members work and aren't available during the day to meet! 
 
In a house, you get to hire whoever you want whenever you want without answering to anyone else.
Posted @ Friday, August 27, 2010 11:39 AM by Joyce Nord @ bestcondomanager.com
Also to S - are you on the board? Have you ever considered it? It's much easier to sit back and comment on what others do or don't do than to take on the some of the responsibility.
Posted @ Friday, August 27, 2010 5:17 PM by csl
Election to a board conveys a miraculous understand of how to manage a board meeting. Most think they operate under Roberts Rules of Procedure but in fact the operation is controlled by the president and the unknowing unit owners sit and don't complain. Board members as wess as resaidents need to get a modicum of traing in Roberts Rules. Answer this question and see if you know--What's "Raise a point of intrest' 
 
mean. 
 
Posted @ Saturday, August 28, 2010 5:11 PM by Charles Adler
Charles Adler, 
 
I have seen many of your comments on this site, and while some are very informative and helpful to those that post, some are just simply out there. 
 
As a response to your recent post, all newly elected board members are now required (at least in Florida) to obtain a certification on Board member governance 90 days after being elected. 
 
To correct your post, most Board meetings are conducted utilizing "Roberts Rules of Order", not Procedure. 
 
As such, the President is the presiding Officer who is in charge of conducting the meeting in an orderly fashion. 
 
Some mistake this responsibility and blame the President for wanting to control everything; whereas, it is merely their duty at each meeting to open the meeting, maintain order, conduct business efficiently and then adjourn the meeting.
Posted @ Sunday, August 29, 2010 4:33 PM by Joyce Nord @ bestcondomanager.com
ROBERTS RULES oF ORDER ARE SPECIFICALLY DESIGNED TO ALLOW THE PRESIDING OFFICER TO KEEP THE FOCUS OF THE MEETING PARAMOUNT AND TO ENABLE ALL IN THE ASSEMBLY TO HAVE THEIR VOICE HEARD WITHOUT BEING INTERRUPTED BY Another member of the assembly or eVen by a board member. The Florida requiiremtn you mentioned is a most welcome and worthwhile requirement. Most disfunctional Boards are the direcrt result of neither the assembly nor the board members having an elementary understanding of RoberTs Rules. One can find several internet sites which offer free trainging. Justtakes a bit of effort to gain this understandi9ng. I know of no other state with a similar requirement.
Posted @ Sunday, August 29, 2010 7:16 PM by Charles Adler
This is for Joyce and CSL 
 
 
 
I understand what you are saying, and I will repeat myself again "If you don't have the time to spend as a board member (and this is for the people that work) then get off of the board and let someone else step up to the plate that wants to do it. Now to your question am I on the board? NO, but not because I don't want to be. I have offered my assistance many many times, but the 3 snobs that stick together always blow me off. We are going management serivce with a good vote from the others and I stated I want to run on the board. They (all 3) know this. They resigned in April and now we will have voting for a new board. Now the word is out that the former president is going to run against me again to get back on the board. 
 
How calus of her to resign because as she stated she was tired of the b.s. and dosen't have time with her job to do this stuff., But because I am running she wants back in. This is the kind of @hit some asssoications have to put up with. I have found out that she can run again and that is not right. Where's the rules on this might I ask? 
 
So in all due respect, Yes I have the time for all of this, but when someone trys and steps on your toes to stop you from getting on the board what do you do? 
 
So don't cry to me that it all takes time. If you want to be on the board then give your time the way you are suppose to, if not then "STEP ASIDE" I am tired of THE BOARD thinking they can take our money, but not fix what THEY are suppose to. This is our money not theirs and it's about time everyone in and on the board see this. STOP MAKING EXCUSES!!!!ya KNOW WHAT THEY SAY ABOUT EXCUSES!!!!
Posted @ Saturday, September 04, 2010 12:16 PM by S
Read your bylaws!!!
Posted @ Saturday, September 04, 2010 12:38 PM by Charles Adler
I understand there is a change to t your condo act. Now a newly elected member to a condo board has to pass a test within 90 days ofelection to demonstrate his knowledge o0f Roberts Rules. Most p[roblems with Board is theirn lack of understanding of Roberts Rules and if a unit owner wishes to really be able to participate in a Board meeting they also have to have a basic understanding of these rules. The purpose of these rules is to permit the business before tyhe assembly to be conducted most efficiently.
Posted @ Saturday, September 04, 2010 1:29 PM by Charles Adler
In my experience, many unit owner's frustrations for condominiums are a direct result of not understanding the laws, their condo documents and exactly what they purchased. In my opinion, if you don't have an understanding of those items, you should first seek to educate yourself, then if you are still interested (which after educating yourself you may actually run away screaming...LOL), you follow the procedures to get elected to do so. If you can't get elected there is a reason. If you can analyze that reason and overcome it, you may just be capable and qualified to serve on a Board of Directors. A Board is elected by the plurality of the votes. If that plurality are convinced you are right for the position (same as in politics) then you get to serve. Just because someone doesn't work and is available doesn't make them qualified to serve, nor does the inverse exclude those that do work. 
 
However, since your association is now moving towards management, some of the issues you have had with the current board may be moot.
Posted @ Sunday, September 05, 2010 4:28 PM by Joyce Nord @ bestcondomanager.com
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