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JohnC46
(South Carolina)
Posts:621
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| 02/07/2012 5:50 PM |
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How far does one go?
We see headlines about this issue all the time like:
My child needs this oversize play house.
My oversize dog makes me feel better.
I need this sun shade as my skin burns easily when I sit on my deck.
My wifes screaming during sex wakes the neighbors but her OB/GYN says it is normal and the neighbors have no right to complain. Yes that might have crossed the line (also maybe wishful thinking on my part), but I think you get the drift...LOL
I think one could easily get a "letter" from a "medical" source but again, how for does one go before they become the heavy in wanting/needing more "proof"?
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TimB4
(Virginia)
Posts:3801
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| 02/07/2012 6:05 PM |
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An Association must comply with the laws of the land. Therefore, if the laws requires x for proof and the Association wants a copy of x but also requires y for proof, they are asking for more than the law requires. In my opinion, this is when they become "the heavy".
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BonnieG1
(Nebraska)
Posts:350
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| 02/07/2012 6:59 PM |
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| I agree with Tim |
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BrianB
(California)
Posts:2480
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| 02/08/2012 8:32 AM |
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agree with the others, just get the proof as required by law (doctor letter, for example).
And although it's a slippery slope, I also tend to look at whether there are reasonable things the person can do to adjust for their "claim", and ask myself (and them) if they have done those things.
For instance: we know that cities have put in low rise curbs to make wheelchair access to and from sidewalks 'easy'. However, the city does NOT have to put a low rise curb in at every ten feet, or fifty feet. There may not be one on the corner directly across from the qwikimart, and instead, one must cross the street one block down to get there. The courts would rule that one block 'out of your way' is not unreasonable, and not force the city to install a low rise curb at x location. However, if the next one was a mile away, they might rule differently and require it. A block is reasonable, a mile, not so much.
Can the person with the skin problem use sunscreen instead of requiring us to build a $100,000 sun darkening room? That would be reasonable. Can they walk ten more feet from the parking spot we HAVE, instead of ripping out the curb and water fountain so they can park their car 2 feet from their door? That's reasonable. Could they install a bit of insulation in their walls, or close their windows when enjoying each other carnally? That seems reasonable.
When faced with such requests, I always seek to inform myself of what steps the person themselves have taken to deal with their "disability". Being informed of what has been done helps me understand how to do more even better. Without fail, the slackers show themselves easily. And those with "true" disabilities also show themselves with the depths of work they have done to overcome to this point as well. |
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BradP
(Kansas)
Posts:2491
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| 02/08/2012 10:34 AM |
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| I would remember this, while ADA doesn't necessarily apply to HOA's it can be a good guide and their laws have changed some. You can not ask a disabled person for a doctor's note, you can ask them to attest in writing that they are handicapped. Futhermore, service animals have also been refined to I believe just dogs and horses and they have to perform a function, i.e. they can't make you feel better, they have actually do something. I don't know about fair housing but there are laws to help with this stuff and I woudl consult if you are having issues. |
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MelissaP1
(Alabama)
Posts:2207
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| 02/08/2012 12:03 PM |
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Everyone has their own health issues. It's how one handles them that seems to make the difference...I once had a couple who were frequent offenders of letting their dog's go to the bathroom in our common area near our pool. No one could use the area. I took action put up a wire fence and spread dog/cat repellant in the area. Posted a sign stating there was repellant in the area and NOT to allow pets there. Me and another neighbor even cleaned up the poo...Well the couple lived nearby and complained that the repellant I put down was causing them severe allergy problems! They wanted me to stop applying it due to their "Health concerns". Honestly, the stuff smelled for a couple of hours but washed away in the rain. It was only good for a few days...However, it seems the point was made as the area was no longer used as a dog potty area...
You kind of have to go with what works for each individual situation. We obeyed the federal laws by having handicap parking available at the clubhouse/pool area. After that, your living in the "real world" of making your own comfort unless the law says other wise.... |
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Former HOA President |
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