Homeowners’ associations (HOAs) often face complex situations when addressing the needs of disabled residents. Key issues include the accommodation of therapy animals and the construction of handicap ramps.
Therapy Animals
HOAs are generally required under the Fair Housing Act to allow emotional support animals, even if the community has a “no pets” policy. However, if the animal poses a direct threat or significant damage risk, the HOA may have grounds to deny the request. It’s essential to balance the needs of the disabled resident with the rights of others in the community.
Handicap Ramps
Similarly, HOAs must permit reasonable modifications, such as handicap ramps, to homes or common areas to accommodate a resident’s disability. The HOA can provide input on design and construction for aesthetic purposes, but they cannot deny the request if it’s reasonable and necessary for the resident’s full enjoyment of their home. The costs for these modifications typically fall on the resident, not the HOA.
Balancing Act
The HOA’s responsibility is to ensure that accommodations are fair and do not place an undue burden on other residents. Denial of reasonable requests could result in legal challenges under the Fair Housing Act, leading to potentially costly and time-consuming disputes.
In summary, while HOA groups must accommodate disabilities, these accommodations must also be weighed against the broader community’s safety and well-being. Proper legal guidance is often necessary to navigate these situations effectively.
