Condo Association Management Blog

why not have them make a lightweight adapter to accomadate those who are in need and store it somewhere close until needed if it is a lot of others who need this assistance then at least one entrance per unit should be modified by pros that way everything looks the same owners should work together with the board. if people in an assoc. cant work together why have one someday we all might need asstiance . i'm pres. of our assoc. and we try to make a solution for legitamate problems.

Good luck with that. With so many of us baby boomers coming of age you could set some interesting precident. But be careful of the fees. Our condo has gone wild. They want to fine us $10,000. A couple large limbs were cut down when the landscaping crew came the other day and we are getting blamed even though we did nothing. 9 owners signed a petition - the other 11 were not even asked. The Board held an open Board Meeting and I guess we were crucified. It's payback for calling the city and them being cited for about 30 citations, not including all the mold issues we have had. The problem is if the Board makes the decision, even after a hearing, and the Board is the final fact finder and decision maker - they can put a lien on our condo. The bylaws/declaration don't say it has to be filed at the courthouse. Just notice to us. 15% oer annum plus late fees. Take a stand. We were left no choice here but to hire an attorney. Unfortunately, this is one they will lose. And everyone here is now on the hook for attorney fees caused by 9 people. Good luck.

To Dale K: I also asked them for permission to build a ramp and they denied that as well because it would block the hallway and because I am not personally disabled.

Our Association REQUIRES the Association to maintain architectural uniformity, and allows the Board to restore to their previous state any changes made to common or limited common areas (which doors are) AT OWNERS EXPENSE. So check what you are doing with your Association's governing documents and state law.

Seems the portable access would make everyone happy. Your guests could visit. Your neighbors would be happy. Keep in mind, you are an owner, not a tenant. This is your community. I assume you read the rules prior to purchasing. I also assume you attend all meetings and vote for your board. If you choose, run for the board and help make changes. I often see Owners moan and groan about some rule they don't like but refuse to take an active part in their association. This is much too common. 
 
 
 
Last resort. If you feel strongly about this issue, Hire a qualified condo/Real Estate Attorney and get his opinion. That should cost around $300 and save you lots of grief. Good luck.

When a violation is noticed it requires that the violation be cured. In your case it would mean that the new door be removed and the old door re-installed. So, paying the approx. $900 in fines would only be part of it.  
How much wider is a wheelchair accessible door? Try to make the board see that the door would hardly be noticed when driving or walking by the condo. In my neighborhood of single family homes some homes have a single door and others have a double door. Frankly, I cannot see what the problem is. Even though reps at HUD have advised you to file an FHA coplaint, IMO the law is on the side of the assn. Filing such a complaint will cause a lot of grief for the assn even if they are found not guilty. IMO, this is not the way to go unless you are certain you would win. 
Continue to try working with the board in the hope that they will change their mind. Come election time work to have new members elected to the board.

All I have to say is this: If the resident calls HUD to complain, that Association is looking at going broke !!! They better concede and allow that wider door. . . You do not want to mess with HUD. . .

You better read your Documents, many Boards do have the authority to MAKE you conform to Architectural standards at your expense AS WELL as fining you. As you are not disabled, you cannot fight the Board on this issue, you'll loose. Complaining to HUD or ADA authorities will not buy you anything as you are not to person disabled. 
MY opinion is to have an authorized door sales person or manufacturer present some options to you that would be acceptable with the Board. If you act in a reasonable manner and try to work within the rules and get a variance, then you may find the Board to be more benevolent.

Your Q:...The Condo Board denied it because of visual aesthetics and say they do not have to allow it because I am personally not disabled. I'm wondering what will happen if I just defy them and do it anyway? The way I read my condo rules, if I do that, they can fine me either a one time $50 fine or $10 per day for up to but not to exceed 90 days. I'm considering just making the change and paying the $900 fine. Is there anything else they could legally do to me? I'd really rather not defy them, I'd much prefer they understand the importance of supporting our citizens with disabilities and just approve my request. Defying them doesn't achieve this at all. So I'm at a loss, regarding how to best move forward with this. Representatives at VA Hud and Federal HUD offices have told me to just file a Fair Housing Act complaint against them. But I'd rather not do that, because if I win and HUD fines/penalizes them--guess what? The Condo Association will pay the fine/penalty by issuing a special assessment and/or increase the association fees which I and all the unit owners pay. Not a good way for me to win over neighbors! Any help, thoughts, guidance would be sincerely appreciated. 
 
 
 
A: Most condo board succeed in their abuse of power not because they are powerful but because they take full advantage of members' lack of legal expertise (And the law professions' not being able to serve individual clients in the homeowners associations due to fees consideration or the lack of it).  
 
The way condominium associations' turning into nightmare of horrors and corruption is due substantially to the way the homeowners perceive their relationship with the board to you. Your above thinking is an example.The condo baord is taking advantage of your own thinking so that they can use that against yourself. To counter that, you must know that there are two laws that deal with that situation as in 1-2. You can use that law section and name of law code as your Internet search guide. 
 
You can ask a lawyer for your state's equivalent of that law,expecially the Corp. Code section.Those two California written laws relevant to the problems you describe, in addition to what the HUD personnel told you about Fair Employment and Housing Act (Ant-discrimation based on ddvarious traits of the victims, including physical disabilities), are: 
 
1. California Civil Code sec. 1363.840 (Compulsory meed and confer: The board must assign a board member to resolve the issue with you if you request such meet and confer meeting and to meet in public where other homeowners will attend), and 
 
2. California Corporations Code sec. 7141.(a)(3) (Prohibition against board members using association money to hire lawyer to oppose law suits by members that require the baord to perform a duty. The board's duty is to provide safe and convenient accommodation to members in the manner as the court in the case of Francis T vs. Village Greem HOA says.) 
 
 
 
Sincerely, 
 
BETP Inc.

I as thinking about the portable & light weight metal/aluminum ramps guys use when moving their motorcycles into the back of their trucks. Just get two and space them correctly to accomodate the width between the two wheel chair wheels.

You all have great ideas. I do believe that as a realtor and knowing alot of realtors, that as a group, most don't understand the importance of bylaws and the declaration, rules and regs. These documents govern all and because most states have so little case law, even though we all have the condo statutes, condo owners really need to understand word for word what the documents state. And I've been on the Board twice - but based on a democratic vote- it doesn't mean you always get what you want. I worked in Senior Living for awhile - it is so expensive I fully believe more people will want to do what you wish and it will become more and more of an issue. I checked ages in our 20 unit building and 75 % are over 65. 3 are over 70. We will certainly be dealing with this sooner rather than later. Good luck and see if you can solicit others to join you in your quest.

HUD, ADA deal with disabled individuals not their fiorends problems. I suggest you conform to your boards dictates because you have no legal basis for trying to force them to accommodate your personal wishes.

Fight them on this issue. Just because you are not disabled and do not have a need, doesn't mean someone else might have a need. 
 
 
 
Have a wheelchair mandatory party and see what the Association has to say. I would not be surprised if a little pressure results in a turn of judgement.

we are a small complex in massachsetts and cannot find anyone who will go on the board. I also live in Fla and ther the state makes you hire a attorney at your costs to run the associatin is it the same in Ma