HOA communities are home to people from all walks of life. Some of them would need essential accommodations compared to others. As part of its responsibility, the association should comply with HOA reasonable accommodation requirements. Here’s how to do so to protect both the HOA and all of its residents.
What is an HOA Reasonable Accommodation?
In HOA communities, some residents may have additional needs to do what most other people do. Reasonable accommodations address these. These may be policy changes or exemptions that are needed for a person with a disability to use and enjoy a space or amenity with equal opportunity as others. They may vary and include modifications to common-area structures.
When it comes to reasonable accommodations, some examples of requests include the following:
- Exemption to the “no-pet” policy for people who need the assistance of service animals
- Requesting to allow service animals in common areas
- Having a dedicated parking space would be most convenient for people with mobility issues.
- Common area structure modifications, including wheelchair access for wheelchair users or braille signs to accommodate the blind
Why HOAs Must Comply
HOAs must comply with reasonable accommodation requests as long as the accommodations are both reasonable and essential to the requesting party. This requirement is usually mandated by the law, particularly the following piece of legislation:
The Fair Housing Act
Also known as Title VIII of the Civil Rights Act of 1968, the Fair Housing Act was enacted to combat housing discrimination against people with disabilities. It was put in place as a response to racial discrimination by housing providers. It bans any form of housing discrimination by providers, including HOAs and condominiums, based on race, color, religion, nationality, sex, familial status, or disability.
Americans with Disabilities Act
Enacted in 1990, the Americans with Disabilities Act provides people with disabilities equal opportunities and protects their rights. This legislation acts in parallel with the FHA, overseeing private and public facilities.
Does my HOA have to comply with ADA?
Since HOAs are considered private residential communities, many may argue that the ADA doesn’t have jurisdiction over them. While many parts of the ADA can’t apply to HOAs, some sections still can.
If an HOA has common areas that the public can access, it must still ensure compliance with ADA policies. It also applies to HOA properties open to the public, even if access is limited for events and gatherings. Simply put, the law applies to common areas in the HOA that are not resident-exclusive. These may include the following:
- An HOA office that regularly accommodates visitors from the general public
- A space or building that the HOA rents out publicly, such as conference halls or event spaces.
- Sports fields, public facilities, club rooms, schools, and churches inside the HOA neighborhood
- Common amenities, if the HOA opens them up to the public for limited events such as charity events or tournaments.
How to Respond to Reasonable Accommodations Requests
When faced with a request for reasonable accommodation, HOA boards must respond and comply. To do this properly, consider the following steps:
Knowing Who and Why
When responding to a reasonable accommodation request, you need to know who is making it and why they are doing so. Here, you can first take a look at factors to consider. Is the request and reason sound? Does it fall within the scope of the law?
Prompt Response Time
Regarding response timeframes, your HOA will need to respond to accommodation requests relatively quickly. An undue delay in responding may be deemed a failure to provide a reasonable accommodation and expose the association to potential liability. As such, try to prioritize reviewing and responding to these requests.
Acknowledging the HOA Accommodation Request
The initial response – Responding to an accommodation request can be tricky. Legal counsel should be consulted at this stage to provide some guidance. If a disability and the need for the requested accommodation are obvious, the association may not be able to ask for any additional information.
Accordingly, the policy should state that the response will simply acknowledge receipt of the request and inform the requesting party of the date on which the board will consider the request, without requesting additional information. The policy may state that if the disability or the need for the requested accommodation is not obvious, the Association may request additional information before the board considers the request.
Requesting Additional Information/Requirements
The additional information request can include that the party requesting the accommodation provide a letter from their healthcare provider that includes the following:
- Confirmation of the healthcare provider’s knowledge of the requesting party’s condition
- Confirmation of the disability, and whether the disability is permanent or temporary (unless the disability is obvious)
- In the medical opinion of the provider, confirmation that the requesting party needs the requested accommodation to have equal access and opportunity to use and enjoy their home. If the request relates to an assistance animal, the response may request confirmation that the animal provides disability-related assistance or emotional support.
The initial response should not ask for copies of medical records, and any information received should be kept confidential. Once the requested information is received, the requesting party should be advised of the date on which the board will consider the accommodation request.
Board Consideration
After receiving all necessary information and documents as part of the request submission, the HOA needs to meet and formally reach a decision. This should be at the next scheduled meeting after any requested information is received.
A board should consider a request to be reasonable so long as there is a direct connection between the accommodation and the disability. However, the board should consider the request if the accommodation will not impose an undue hardship or burden on the association, or fundamentally alter the nature of the association’s responsibilities. Placing unreasonable conditions on granting the request or unreasonably delaying approval may violate fair housing laws.
Implementing Reasonable Accommodations
After board approval, the HOA will need to notify the resident about the decision. It should state whether the request is granted. If so, the HOA board and property manager should work with the homeowner who submitted the request to implement the accommodation.
Keeping Records
In dealing with an accommodation request, there will likely be various written correspondences. The association should maintain all related correspondence and other records related to the accommodation request, including the association’s responses and decisions.
While you should be keeping records, the HOA board should also protect the residents’ privacy. As such, when handling records and documentations throughout the steps, make sure to keep their information confidential.
A Responsibility to Comply
Part of the HOA’s responsibilities is to create a community that welcomes all. To ensure that, HOA boards also need to ensure compliance with reasonable accommodations based on the law. It provides a fair and welcoming environment for all residents in the community.
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