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Subject: Wheelchair access to HOA meetings?

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KL1
(Florida)

Posts:4

07/24/2010 11:52 PM
Is an HOA required to hold its meetings at a place that is wheelchair or handicap accessible, especially when a property and home owner in the community is confined to a wheelchair? The HOA's attorney said that I can attend the meetings while I sit in my car. From where the parking lot is located to where the picnic tables(meeting place) is located in the commons area is a good 125 to 150 feet away. There is no way that I could hear what is going on or be a part of the meeting from such a distance. Even if everyone in attendance was standing around my car it would not be possible. In short, I sit out in the grass parking lot in the Florida sun while the meeting is being held over 100 feet away. Additional info: Most meetings are held at the commons area. The commons area has no handicap parking and is half a grass lot and half wooded with the picnic tables being under the trees. The commons area is maintained by our yearly dues and is roughly between 4 and 5 acres in size. None of the amenities(boat ramp, dock, gazebo) in my community are wheelchair accessible.

MaryA1

Posts:0

07/25/2010 6:43 AM
KL, It is my understanding that the HOA must allow you to make the reasonable accommodation at your expense. However, if your faciities are open to the public then the HOA must make the accommodation and pay for it. But, of course, I may be wrong. I suggest you call the ADA Information Line at 1-800-514-0301. You can get general ADA information, answers to specific technical questions, free ADA materials or information about filing a complaint. You shoud be able to get answers to all your questions by calling this number. I hope you will let us know what you find out. BTW, I think the HOA attorney'e advice leaves a lot to be desired. But he apparently gave the answer the BOD was looking for so they are satisfied. If it was me I would be looking for a new attorney!!

SteveM9
(Massachusetts)

Posts:1442

07/26/2010 4:41 AM
The HOA's attorney said that I can attend the meetings while I sit in my car......a good 125 to 150 feet away. That is clearly not attending. Request in writing, the meeting be held in a place which is wheelchair accessible so you can attend. Suggest the local library, community center, etc. As the baby boomers get older wheelchair accessibility will become more and more important.

KL1
(Florida)

Posts:4

07/26/2010 7:11 AM
Thanks for the replies and your thoughts on this matter. MaryA1, you are correct on the "reasonable accommodation" to a certain degree. But, that would involve a case such as if I was renting a home and needed a wheelchair ramp at the entrance. Then by all means the responsibility falls with the renter and not the owner of the house to provide the ramp and all costs for it. SteveM9, I apologize to you and MaryA1 for not being more clear. In August of 2009 a verbal request was made by my wife to the HOA to hold future meetings at a wheelchair accessible location. The HOA did nothing. In April, I wrote two letters to the HOA requesting that they hold meetings in a place that is wheelchair compliant. I have heard that a lot of HOA's hold their meetings at a restaurant for example. Anyways, the HOA here finally replied that I could show up to the meetings by telephone(they gave no number) or that they would help me out of the car(talk about humiliating and what could amount to a major liability for them). Remember I require the use of a wheelchair at all times, meaning that I can not even stand or walk. Well, that got under my skin a little so in May of 2010 I hired an attorney to write a letter to the HOA requesting that their meetings be held in a wheelchair accessible place. The attorney requested that they respond in 20 days. The HOA ignored the letter. In the mean time, the HOA switched attorneys and in July(this month) we received a letter form their attorney stating that I can show up to the meeting by sitting in my car in the manner described in my original post above.

MaryA1

Posts:0

07/26/2010 7:48 AM
KL. The "reasonable accommodation" does NOT only apply to renters! Please call the hotline line number I provided you with. I think you will get the answers to your questions there!

GlenL
(Ohio)

Posts:3526

07/26/2010 7:49 AM
KL if it were me, I would buy, borrow or rent a 4-wheel drive vehicle and would indeed attend the next meeting in my car. If anything were said I would just pull out the attorneys letter giving me permission to attend in my car. Seriously though it's situations like this that make me cringe. Now for all that I know you may be the biggest pain in the arse homeowner in your HOA but as long as you play by the rules the BOD should make reasonable accommodations to let you attend. Instead of an attorney I would file a complaint with HUD and let the Board explain their actions to them.

Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns

BrianB
(California)

Posts:2381

07/26/2010 7:58 AM
Wow... there are so many complications with this case... for example, Whether the HOA and/or the meeting itself falls under the ADA, what is reasonable, etc.. I think the HOA board is being silly in not trying to reach an accomodation with you. If the HOA meeting falls under the scope of the ADA, then they would not be seen by any reasonable judge as being accomodating. I do not understand why they don't make more of an effort to include you. Honestly, some plywood could be laid down on the grass to let your chair roll to the table (and picked up again at the end of each meeting), a new table and some chairs could be purchased cheaply and the meeting moved towards your parking space... the board just sound petty and silly for their actions here.

GlenL
(Ohio)

Posts:3526

07/26/2010 8:05 AM
720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.-- (2) BOARD MEETINGS.-- (a) A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. The provisions of this subsection shall also apply to the meetings of any committee or other similar body when a final decision will be made regarding the expenditure of association funds and to meetings of any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community. (b) Members have the right to attend all meetings of the board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the members is inapplicable to meetings between the board or a committee and the association's attorney, with respect to meetings of the board held for the purpose of discussing personnel matters. (bold by me)

Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns

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