Condo Association Management Blog

No, they are not violating your rights.  
 
ADA only requires association to allow you to make reasonable changes at your own costs. For example build a wheelchair ramp. 
 
ADA in now way provides an exemption from following associations rules and regulations. It also doesn't provide an exception from association's collection practices. 
 
Disallowing members from using common property when they are behind in dues is a very effective collection method. Towing a car from association's property is a no brainer in this case. If you don't have a right to be there it doesn't matter if you parked in disabled place or a regular one.

I agree with the post made by Zhenya and have a comment to add. If you are living there you may want to consider helping her get current on her delinquent account. You may want to ask your family to assist. From what I can tell by what you have said, your neighbors are paying your aunt's way and yours while you and your family walk free financially. Realize the burden you place on your neighbors rather than trying to find ways to use your disability status to exempt you and your family from financial responsibility to your condo community.

The board is acting within their rights. It is incumbent upon the owner to keep her payments to the association current. She must understand that the expenses of maintaining the property, paying the gas,electric,water and other bills have to be met in a timely manner. By not paying her monthly condo fees she is in effect forcing her neighbor owners to pay her share of those bills for her. The fact that she is disabled has absolutely nothing to do with relieving her of this financial responsibility.

Maybe because I am a nurse and because my condo is run by a corrupt HOA and management company, I have to disagree with all of the three statements made so far. Why do condo boards think that being a kind person is bad and the only way to handle anything is to punish good will people who are trying to help out a family member. How do you know the family isn't helping the disabled person already and paying her light and gas bill? I cannot imagine that anyone's soul is that black that they wouldn't allow a kind person to park their care while they are helping out a disabled person. Since when did people think that being on a board makes them able to be a mean nasty person and lose all the kindness they once may have had. I think taking away the parking space is mean and only horribe nasty people would do this and shame on those who came up with this idea. Possibly the other condo owners including the board members can do something kind and help out this neighbor. Have a bake sale, take up a collection to help someone in need, donate a little bit like you do for the American Heart, etc. It is okay to help someone in need and not punish them and you won't lose your position on the board but will be rewarded by those who have a lot more power than some board members think they have. Do you think this disabled person wants to be late with her fees? You get good things happen in your life when you are kind and you get bad things happen when you are nasty so be careful all you horrible board members who want to punish rather than help your neighbors.  
I am positive that the board will be much happier if they helped this disabled person instead of punishing her.

I wrote one of the previous emails that nurse Anna Wichel disagreed with. I would like to clarify my position.  
 
First of all I am a disabled person myself, so I know from experience what a person with disabilities goes through. 
 
I am also a physician who has treated persons with disabilities for over 40 years, often without charge, and sometimes paying for medicines, equipment and supplies out of my own pocket because my patients could not afford them. I have advocated tirelessly on behalf of the disabled in order to assist them in getting the protection that they are legally entitled to under the ADA and various local, state, and federal programs. Recognizing how difficult it is for some who are disabled, I have worked to assist patients (and acquaintances) to become more productive, contributing, self-sufficient, and self-sustaining members of society even when I was not being financially compensated for my services in this area. 
 
And I live in the real world. I own and reside in a condominium Association that has a 40% delinquency rate, which means that the each person who is paying his / her dues and assessments is paying in excess of $200 each month to make up for what the delinquent owners are not paying. This added financial burden has driven several families into foreclosure. One of my neighbors, who is disabled, has difficulty paying for her meds because of the added burden she is forced to bear each month. She is now delinquent in her dues because when it came to choosing whether to pay her dues or her meds, she choose the meds. Because of her delinquency she has received a threat of foreclosure from the Association, who is finally taking delinquencies seriously. This has added to my neighbor's stress, which has made her diabetes more difficult to manage -- and so on, and so on. Unfortunately this is the real world of condo living in 2011.  
 
Associations need to do everything that they can do to get owners to pay their dues, even disabled delinquent owners. 
 
Nurse Wichel says to have a bake sale. A bake sale will not pay the nearly $200,000 in delinquencies that is owed our 84 unit Association. It will not bring in the revenue necessary to replace our leaky roofs, which are in dire need of replacement. it will not pay the dues that are not being paid. It will not keep those who are challenged financially in their homes because they cannot afford to pay what their delinquent owners are not.  
 
I know corruption in Association Boards. Three of our Board members conspired together to get themselves new kitchens complete with solid granite counter tops, stainless steel appliances, and new cabinets and flooring. Those kitchens look great! That is but a bit of what our Board has done, so I know corruption! 
 
 
 
I am also a disabled person myself.

We are a 76-unit condominium complex that is thinking about going with self-management, but still retain an accountant for tax purposes, and an attorney for legal issues. May I have your feedback as to the ups and downs of self-management? As a Board member, and one willing to be in charge along with the help of other Board members, I would ask for a small salary.

A condominium board of directors may elect to have their management company provide the building manger and their chief engineer. These people would be employees of the management company and the payment for their services, health insurance and fringe benefits would be uincluded in the fees the association pays to the management company. The alternative is for the Board to advertise these vacancies, interview applicants and select their own building manager and chief engineer. Many boards opt for this arrangement primarily;y because it is cheaper. But they make a big mistake. Unless a board member has an appropriate backfground the board is not competent to conduct such interviews and make an intelligent decision. My board made that mistake and it took us 11 years to get rid of the two incompetent and untrustworthy individuals they hired.

I've had a similar problem with my condo association not even wanting to supply us with the correct number of handicapped spaces. I even received a letter stating that the BOD could not be bothered with every "little issue" when I requested handicapped parking be put into place. And, before anyone comments, let me state, I'm current on my fees and have never been late. I agree with the nurse, why can't we step up and help our neighbors? I was a high earning paralegal who raised my children on my own while putting myself through college. Did I ask to become handicapped, no. Have I assisted handicapped people in the past, yes. Still would do so. So give me a reason why I can't get handicapped parking at all when I'm current on all my fees?

PLEASE READ ASAP---- 
 
I've done a lot of research in this area. I'm not sure what state you're in but in NJ many of these cases have gone to court and won! However, it is not the ADA laws that apply as they only apply to public property which associations are not. One needs to use the FAIR HOUSING ACT. That act applies to private property and there are places that will advocate for you-www.fairhousingadvocates.com.  
I believe violations of the Fair Housing Act carry a minimum fine of $10,000. 
 
Good luck to you all and please spread the word!

The Board of Directors are within their rights if they are following the dictates of the bylaws. Do not confuse the penalties being imposed for failing to pay the monthly fee with the provisions of the Fair Housing Act. One has no connection with the other.