‘Please accept apology’ HOA crawls after threatening to sue family over wheelchair ramp – it had been installed for months

AN HOA has apologized to a popular pastor after threatening to sue over an unapproved wheelchair ramp.

Nashville man Michael Broadnax fell unexpectedly ill and suffered a debilitating stroke.

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The pastor’s wife, Charlotte Broadnax, said Channel 4 News she didn’t realize she needed to ask the HOA for official permission before installing the structure.

She reached out to the broadcaster for help and “hopefully avoid a lawsuit”, Channel 4 said.

Broadnax suffered a debilitating stroke in the summer of 2014, reported The Daily Herald in 2015.

He fell ill unexpectedly and had to undergo additional rehabilitation at home after spending several months in the hospital.

But, before being released from the hospital, the pastor’s family members were told by medical experts that they should build a ramp for him, to help him learn how to gain independence in his wheelchair.

Broadnax’s family said the ramp was the only way he could get into the house after suffering the stroke.

The pastor had been struggling to boost his recovery.

LEGAL THREAT

The wooden ramp was properly installed by a legal contractor.

But his wife faced a setback when the HOA for the Woodlands at Copperstone in Brentwood threatened to sue the family if they failed to remove him.

The HOA “requires that within 14 days of the date of this letter, you remove the wheelchair ramp,” the organization’s attorney said.

He also alluded to the consequences if they rejected the request.

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.

The lawyer also said that HOA officials could come onto your property “and remove the ramp and charge you for the costs of the work.”

“If you force the association to sue you, it will seek a court order requiring you to remove the wheelchair ramp,” the letter added.

“Further, to the fullest extent permitted by the governing documents of Woodlands at Copperstone and Tennessee law, the association will seek judgment against you for attorneys’ fees and other expenses incurred in the litigation.”

BRAIN SURGERY

She accused them of being “insensitive” to her husband’s situation.

The broadcaster said the letter was delivered while the well-known pastor was recovering from brain surgery.

“And in 14 days I had to try to lower that ramp, bring him home – [but] When he comes back from the hospital, how am I going to get him into the house? his wife asked Channel 4.

She said she didn’t realize there might be a problem with the ramp until she received the letter.

“My husband has always taken care of the house… so I was forced to be the head of the family,” Charlotte explained.

“Like I said, if I had known I needed to take these steps, I would have done it.”

CODE COMPLIANCE

The network told viewers it went to the company that managed the HOA at the time.

“The governing documents of this community require that all exterior improvements receive prior approval,” its officials responded.

“A letter was sent to the owner regarding the ramp as no application for approval was received.

“The council did not know the ramp was for the owner, Mr Broadnax.

“The association would like to work with the property owners to reach an agreement regarding the appearance and location of the ramp and compliance with any applicable codes.”

SORRY

Charlotte Broadnax said she later received a hand-delivered letter of apology from the Woodlands at Copperstone Homeowners Association and her lawyer.

“Please accept the apology from my previous letter, which should not have been sent,” stated the letter shown to the broadcaster.

“It was not approved by all of the association’s board members and did not contain all of the information that the board had previously discussed.”

An HOA representative told Charlotte that members didn’t “know that the homeowner was the one in need,” the pastor’s wife said.

The US Sun has reached out to the HOA and pastor for further comment.