Individuals have the right to use and enjoy their property. So what happens when they apply for reasonable accommodations to your community covenants? Are you ready and legally prepared to properly judge and, perhaps, fulfill these requests?
There are different rules when a community is governed by the Americans with Disabilities Act (ADA) as opposed to the Fair Housing Act (FHA). It is critical to know which law applies to your community before taking any action.
Created with legal counsel oversight, a fair housing policy can ensure equal opportunity for all of your residents and a more prompt, consistent experience for your Board of Directors. It is GADC’s concentrated focus on condominium and HOA law that can serve as your greatest ally in what is sometimes unchartered fair housing law territory. Some examples?
With proper medical documentation, individuals with mental impairments, such as depression, may be entitled by law to keep emotional support animals even though their community has a “no pet” policy. The cases dealing with emotional support animals are far different and more complex than those for service animals (such as seeing-eye dogs) and require a vigilant watch on the ever-changing fair housing laws.
Individuals with disabilities can be entitled to modify their property even if the modifications will violate the requirements in the governing documents.
While criminals are not a protected class under the FHA, a community may be prohibited from denying a prospective purchaser’s or tenant’s application based on the specific circumstances of that person’s conviction.