‘Follow Fair Housing Laws’ Official Says After HOA Bans Family From Parking Ambulance in Garage for Disabled Son

The family of a disabled child took their HOA to court after being banned from having an ambulance in their garage.

Authorities alleged that the Las Vegas homeowners association failed to comply with fair housing laws by ignoring the family’s needs.

two

In 2013, the unnamed HOA paid the family $65,000 after being accused of disability discrimination in a formal complaint.

Upon arriving at conciliation agreement which was announced by the Department of Housing and Urban Development (HUD), the HOA did not admit any wrongdoing.

Instead, the settlement was a way to resolve the claims and put an end to the litigation.

The complaint filed against the Harbor Cove Homeowners Administration in December 2012 alleged that the family was prohibited from having an ambulance in the garage.

Federal authorities noted that the family purchased the ambulance to transport their disabled son to medical appointments.

The nature of his disability meant that he had to lie down during transport.

The complaint alleged that the HOA prohibited the vehicle in accordance with community rules regarding commercial vehicles on sidewalks.

In doing so, the HOA allegedly violated the Fair Housing Act, the complaint alleged.

Despite writing a letter to the board explaining the reasons for the ambulance, the family’s reasons for the vehicle were denied by the HOA.

As a result, they filed the complaint and, in addition to paying the family $65,000, under the terms of the agreement, the HOA would have to commit to fair housing.

This was agreed in the form of adding the statement “We are a fair housing provider” on your letterhead.

Additionally, HOA staff were sent to a training program dedicated to fair housing and changes would be made to their policies.

The HOA and its management company would have to “establish a reasonable accommodation policy for future requests,” HUD said. he stated.

“Additionally, the parties agree to review the Harbor Cove Homeowners Association’s management practices, rental agreements and occupancy rules to better accommodate the needs of individuals with disabilities.”

What is an HOA?

One in five Americans lives in an area with a Home Owners Association – or HOA. But what exactly do they do?

• An HOA is a homeowners association – an organization that aims to maintain a clean, cohesive place for its residents to live.
• Entire neighborhoods, subdivisions, condominiums, single-family homes or townhouses within “a planned development” will often constitute an HOA.
• They also serve as a regulatory body for the tenants, who manage and finance the HOA through monthly fees.
• Its main goals are to keep the community functional and visually appealing and maintain property values.
• They focus primarily on a neighborhood’s common areas, like roads, parks, and pools — but they can also stipulate what residents can do with their property, like yards and sidewalks.
• These restrictions often impose uniformity on properties, for example, ensuring that most houses look the same and that all sidewalks are free of weeds.
• An HOA Rule Book of Covenants, Conditions, and Restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
• Violating these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
• HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restrictive, or that the leadership has too much power.
• But other HOAs like this give communities the power of self-government and can ensure a degree of harmony among residents.

HUD reminded HOAs of their responsibilities to all members.

“Homeowners associations must provide reasonable accommodations that allow residents to meet the needs of family members with disabilities,” said Bryan Greene, HUD’s acting assistant secretary for fair housing.

“Homeowners associations have the same responsibility as housing providers to follow fair housing laws.”

HUD defined Fair Housing Act laws in the following statement:

“The Fair Housing Act prohibits discrimination on the basis of disability and requires housing providers, including homeowners associations, to make reasonable accommodations in their rules, policies, practices, or services when necessary to provide people with disabilities equal opportunities to use or enjoy a dwelling.”