Homeowner's association vs disabled child

[DrFaroohk]

I don't get HOA's sometimes. How about, if you want to dictate what color my house is or how long my grass is, you can start paying my mortgage!? Oh, wait, I pay my mortgage? Oh, so it's MY house. Fuck off.

Yeah, I know people can just "Choose" to not live in an HOA neighborhood, but is it really a good idea to limit where people can live? Hell, why not ban everyone but whites from living in your apartment building? They can just go find another place to live, cuz it's that easy! It's like finding another job! They just fall out of the sky.

[Andara Bledin]

You can thank realtors for HOAs and "nuisance laws."

Anything to keep the property values up, no matter how ridiculous it is.

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[fireheart17]

I don't get HOA's sometimes. How about, if you want to dictate what color my house is or how long my grass is, you can start paying my mortgage!? Oh, wait, I pay my mortgage? Oh, so it's MY house. Fuck off.

Yeah, I know people can just "Choose" to not live in an HOA neighborhood, but is it really a good idea to limit where people can live? Hell, why not ban everyone but whites from living in your apartment building? They can just go find another place to live, cuz it's that easy! It's like finding another job! They just fall out of the sky.

QFT. Not being American, I really don't see the point of Homeowners Associations. They kind of remind me of the whole clique scene from Mean Girls-where they describe everyone: Cool ASians, Burnouts, Girls who eat their feelings, girls who don't eat anything at all etc.

Except in this case it's: "All the houses must be red brick", "all the houses must have grass trimmed no higher than 2cm" and so on.

Also I didn't quote Tanasi, but her post makes a whole load of sense-I would imagine that no matter what, ADA would ALWAYS trump HOA rules. Why should a family have to move to a new neighbourhood simply because their child didn't choose to be disabled?

[Panacea]

In this situation, can´t you call the police on the kids for vandalism?(which would implicate the parents since they are the legal guardians?)

I would. In a stone cold minute.

[Canarr]

Also I didn't quote Tanasi, but her post makes a whole load of sense-I would imagine that no matter what, ADA would ALWAYS trump HOA rules. Why should a family have to move to a new neighbourhood simply because their child didn't choose to be disabled?

From what I got, it's not that the family built a wheelchair access or something like that, it was a separate structure for therapeutic reasons - which goes against the rules, which they agreed to follow. Yes, the HOA could've let it slide; but then again, the family could've asked first.

[Andara Bledin]

Yes, the HOA could've let it slide; but then again, the family could've asked first.

This.

The family apparently believed that their child's disability gave them Special Snowflake status, granting them the ability to ignore the rules of the HOA to which they belonged.

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[fireheart17]

This.

The family apparently believed that their child's disability gave them Special Snowflake status, granting them the ability to ignore the rules of the HOA to which they belonged.

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Doesn't ADA allow for certain accomodations though?

[Rapscallion]

Doesn't ADA allow for certain accomodations though?

I'm no expert, so I can only guess that those apply to for profit or governmental organisations. Anyone with more exacting knowledge? Would it cover?

Rapscallion

[Rageaholic]

Oh come on people. These rules are idiotic, stupid, and unnecessary. I don't see why they should even have to justify putting the house there. It's an obvious control freak move on the HOAs part and control freaks are not worth defending.

[Dreamstalker]

http://real-estate.lawyers.com/homeo...imination.html

The Fair Housing Act doesn't say anything about playhouses, but I would think that if it can be considered a therapy aid it would have to be allowed. Although, I also found a page which says that HOAs do not have to abide by the ADA as they are not considered "public property" (except in the case of parks/playgrounds)

[Panacea]

http://real-estate.lawyers.com/homeo...imination.html

The Fair Housing Act doesn't say anything about playhouses, but I would think that if it can be considered a therapy aid it would have to be allowed. Although, I also found a page which says that HOAs do not have to abide by the ADA as they are not considered "public property" (except in the case of parks/playgrounds)

Good point. HOA's exist to protect property values of private, not public, property.

Since the child lives there, there is no problem with access.

Makes me wonder if an HOA could force a homeowner who is disabled to take down a wheelchair ramp.

[Gravekeeper]

Makes me wonder if an HOA could force a homeowner who is disabled to take down a wheelchair ramp.

Nope. They can't. Fair Housing Act specifically covers that.

[dendawg]

I can't find a link, but I remember reading an article online about an HOA that forced (or tried to...a little fuzzy on that point) a disabled person to build a second story to his house, so that the house would be as cookie cutter as every other one in the subdivision, and this guy was the sole occupant of the house.

[Andara Bledin]

That would be Gittens, who can neither walk nor speak, and whose Nob Hill home was blocked from being built for being "too small" despite other homes in the neighborhood being the same size.

I originally typoed it as "Knob Hill," and I really think that is more accurate.

Article at Military.com

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[MadMike]

Interestingly enough, with all the tabs I have open now, this thread is showing up as "Homeowner's ass."

Says it all, really.