If you live in a condominium, you may have wondered if the Board of Directors can deny your request to install a wheelchair ramp. The answer is maybe. If the denial is based on legitimate concerns such as safety or aesthetics, then it may be upheld.
However, if the denial appears to be discriminatory against people with disabilities, it could be overturned.
If you have a disability that requires the use of a wheelchair, you know how important it is to have a ramp in order to access your home. Unfortunately, some homeowners associations (HOAs) can be resistant to approving requests for ramps, citing concerns about aesthetics or property values.
However, HOAs are required by law to make reasonable accommodations for residents with disabilities.
This means that they cannot outright deny your request for a wheelchair ramp – but they may try to delay or stall the process.
If you find yourself in this situation, don’t give up! Work with your HOA and provide them with the information they need to understand why a ramp is necessary.
With patience and persistence, you should be able to get the approval you need to make your home more accessible.
Credit: www.newsweek.com
What are the Constraints of a Wheelchair Ramp?
There are many constraints to wheelchair ramps, but the three biggest are weight, width, and angle.
Weight: A typical wheelchair ramp must be able to support the weight of a person in a wheelchair, plus the weight of the chair itself. This can be a challenge when trying to find a ramp for a heavier person or for use on stairs.
Width: The width of a typical wheelchair ramp is usually between 36” and 48”. This needs to be wide enough to accommodate the width of a wheelchair, but not so wide that it becomes cumbersome to use.
Angle: The angle of a wheelchair ramp is important because it needs to be steep enough to allow the user to get up the ramp without too much effort, but not so steep that it becomes dangerous.
A good rule of thumb is 1” of rise for every 12” of length.
What is a Ramp for Disabled?
There are many different types of ramps for disabled people, but they all share one common goal: to provide a safe and easy way for people with disabilities to navigate their environment. Ramps can be made from a variety of materials, including wood, metal, concrete, and plastic, and they come in a wide range of sizes and styles to suit the needs of any user. Some ramps are designed for use with wheelchairs, while others are better suited for people who can walk but have difficulty using stairs.
No matter what type of ramp you need, there is sure to be one that meets your needs.
Disabled Veteran fighting HOA to keep wheelchair ramp
Does My Hoa Have to Comply With Ada
If you have a homeowners association, you may be wondering if it is required to comply with the Americans with Disabilities Act (ADA). The answer is maybe. It depends on the size of your HOA and when it was established.
The ADA is a federal law that prohibits discrimination against people with disabilities in all areas of public life, including workplaces, schools, transportation, and all places that are open to the general public. The ADA was passed in 1990, so any HOA established after that date would be required to comply with the law. However, HOAs that were established before 1990 may not be subject to the ADA.
There are some exceptions to this rule. For example, if your HOA has 15 or more employees, it must comply with the ADA regardless of when it was established. Additionally, HOAs that receive federal funding also must comply with the ADA.
So what does this mean for you? If you have a disability and live in an HOA that might not be subject to the ADA, you can still file a complaint with the U.S. Department of Justice if you believe your rights have been violated. And even if your HOA is not required to follow the ADA, it might choose to do so voluntarily in order to make its community more inclusive and welcoming for everyone.
How to Ask Hoa for a Reasonable Accommodation
Do you have a disability that requires a reasonable accommodation in order to participate fully in your homeowners association (HOA)? If so, you may be wondering how to go about asking for the accommodations you need.
The first step is to put your request in writing.
Be sure to include as much detail as possible about your disability and why the accommodation is necessary. You may also want to provide supporting documentation from your doctor or other professional if possible.
Once you have submitted your written request, give the HOA board time to review it and respond.
They may have questions or need clarification, so be prepared to discuss your needs further. If the board approves your request, they will likely work with you to find an accommodation that meets both your needs and the HOA’s guidelines.
Hoa Accommodations for Disabled
If you are a disabled homeowner Association (HOA) member, you have certain rights guaranteed by the federal Fair Housing Act (FHA). Your HOA must make reasonable accommodations in its rules, policies, practices, or services when such accommodations may be necessary to afford you an equal opportunity to use and enjoy your dwelling. A failure to do so may constitute discrimination.
Under the FHA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment. This includes conditions like blindness, deafness, cancer, cerebral palsy, HIV/AIDS, schizophrenia, and intellectual disabilities.
There are three types of requested accommodations that HOAs must consider: changes to existing facilities , rules , or services ; provision of new facilities or services ; and waiver of application of certain rules .
The following are examples of each type of accommodation request:
A change to existing facilities could involve installing handrails in common areas or widening doorways to accommodate wheelchair users. A change to existing rules could involve modifying a “no pets” policy to allow for service animals .
And a change to existing services could involve providing home-delivered meals for someone who is unable to leave their unit due to mobility issues.
Provision of new facilities could involve constructing ramps or elevators in buildings that currently do not have them. New services could include shuttle bus service for residents who cannot drive themselves.
Waiver of application of certain rules could involve exempting a resident from the requirement that all units must be owner-occupied in order for them to qualify for membership in the HOA . Another example might be allowing someone with a disability-related need for an emotional support animal to keep the animal even if the HOA’s governing documents have a no-pets policy .
Reasonable Accommodation in Condominiums
The federal Fair Housing Act requires landlords to make reasonable accommodations for tenants with disabilities. This includes making changes to the property, such as installing ramps or widening doorways, as well as making changes to rules and policies, like allowing service animals.
While the law is clear about what landlords must do, there is less guidance for condo associations.
However, the Department of Housing and Urban Development has said that condo associations should treat requests for reasonable accommodations in the same way as landlords.
This means that if a tenant with a disability needs a reasonable accommodation, the condo association should work with them to figure out what can be done to meet their needs. This may require making changes to the common areas of the property or changing some of the rules or policies governing unit owners.
Making reasonable accommodations can sometimes be costly, but it’s important to remember that disabled tenants have a right to live in their homes just like anyone else. If you have any questions about accommodating tenants with disabilities, please contact your local HUD office.
How to Build a Wheelchair Ramp
If you or a loved one is confined to a wheelchair, then you know how important it is to have a ramp that allows for easy and safe access into and out of your home. Here are detailed instructions on how to build a wheelchair ramp that will make life much easier for everyone involved.
First, you need to determine where the ramp will be located and how long it needs to be.
It’s important to make sure the ramp is long enough so that there is no incline greater than 1:12 – this means that for every 12 inches of rise, the length of the ramp should be at least 1 foot. You also want to make sure there is adequate space at both the top and bottom of the ramp for maneuvering.
Next, you’ll need to gather your materials.
For the framing, you’ll need pressure-treated lumber in 2×4 or 2×6 dimensions. For decking, use 5/4” pressure-treated lumber or composite boards that are at least 5-1/2 inches wide. If using composite boards, metal fasteners should be used instead of nails or screws so as not to damage the material.
You’ll also need galvanized carriage bolts, washers, and nuts in 3/8” or 1/2” diameter; these will be used to attach the handrail posts later on. And finally, get yourself some concrete mix and gravel for preparing the foundation.
Now you can begin building!
Start by creating a solid foundation for your ramp using either poured concrete or pre-cast concrete pads – four pads should suffice if they are placed at each corner of the proposed ramp area (footings should extend two feet beyond each side of the actual Ramp). Once your foundation is set, start assembling your frame by nailing together pressure-treated lumber in either 2×4 or 2×6 dimensions – depending on what size lumber you purchased, you may need more than one row of framing (two rows would be needed if using 2x6s). Make sure everything is level as you go along.
Next up is attaching the decking boards – again making sure everything remains level. If using composite boards, metal fasteners should be utilized; otherwise just use standard nails or screws here too . Secure all loose ends by adding trim pieces around any exposed edges .
Finally , add handrails on both sides using galvanized carriage bolts , washers , and nuts – drill pilot holes first so as not carry out any damage . And there you have it – your very own wheelchair accessible Ramp !
Homeowners Association
A homeowners association, abbreviated as HOA, is a private organization created by a real estate developer for the purpose of marketing, managing, and selling homes and lots in a residential subdivision. An HOA can also be created by the owners of a condominium or planned unit development (PUD) after they purchase their units from the developer. Its members are jointly responsible for the care and upkeep of common areas and shared amenities, such as swimming pools, clubhouses, landscaping, and parking areas.
In addition to maintaining property values and appearance standards within the community through enforcement of covenants, conditions & restrictions (CC&Rs), HOAs also provide many social benefits for residents such as organized events and activities, youth programs, senior citizen services, crime watch groups, etc.
The board of directors is typically composed of volunteer homeowners who are elected by the membership at the annual meeting. Some HOAs hire professional management companies to handle day-to-day operations.
Regardless of whether an HOA is self-managed or professionally managed, all HOAs must comply with state laws governing nonprofit corporations or homeowner associations.
Conclusion
If your condo association gets a request for a wheelchair ramp, they can’t just deny it outright. The Americans with Disabilities Act (ADA) requires that associations provide “reasonable accommodations” for residents with disabilities, and in many cases, a wheelchair ramp would be considered a reasonable accommodation. Of course, there are some circumstances where an association could deny the request, such as if the proposed ramp would pose a safety hazard or if it would make it difficult for other residents to use the common areas.
If you’re not sure whether your association can deny a request for a wheelchair ramp, it’s best to consult with an attorney who specializes in ADA law.