Tag Archives: ADA

Dumb and Dumber on Marco Island, Florida

Homeowners in the South Seas Condominium on Marco Island, Florida, may soon have to pay a hefty special assessment because of a particularly boneheaded decision by their HOA.

The Feds have consistently said that service dogs are covered under the ADA. An HOA doesn’t get to claim they are pets, if the dog is actually performing services for a disabled person. But this particular HOA obviously doesn’t ‘get it.’ They will.

The South Seas Condominium has been harassing 56 year old resident Larry McKay over his 80-pound boxer. In 2008, McKay contracted MRSA, a usually fatal staph infection that’s hit a number of people in the Southeast. McKay is confined to a wheelchair, and he says the service dog does a number of things for him, such as turning on the lights, and helping him get out of bed.

McKay’s dog helps him with other activities like getting on and off airplanes. The airlines recognize it’s a service dog. This HOA board is apparently too stupid to do the same.

In other parts of the country, such as California, Homeower Associations have been hit with huge fines by the ADA because they insist that all service dogs are merely ‘pets,’ prohibited by the HOA.

McKay has lots of supporters in his condominium. Doesn’t matter. When the FDA slams this condo with a massive fine, each and every condo owner is going to have to fork up some bucks to pay for the idiotic decisions by their HOA board.

A dumb waste  of other peoples’ money. But it’s typical. So typical.

By Ward Lucas, author of Neigbors At War! The Creepy Case Against Your Homeowners Association



When the American Disabilities Act was approved in the 1990’s, it was designed to help disabled people have access to the same amenities as non-handicapped people.

But the big laugh, at the time, had nothing to do with the disabled. It was that the new law was a full-employment plan for lawyers.

Now comes the Jeffrey and Judi Weiss family of Palm Beach. Several years ago their son was paralyzed. His only moments of joy were when his family took him to the beach. So his family bought a condo right on Palm Beach just a few steps away from the ocean.

The Sloans’s Curve Homeowner Association blocked the family’s access to the beach, supposedly to preserve sand at the high water mark.   The HOA’s solution was to build a huge A-Frame of stairs.  To reach the beach, the family now as to carry 62 pound Justin UP THE STAIRS, and DOWN THE STAIRS, over the high-water mark. It’s extremely difficult and an obvious violation of the ADA law.

And the circling creatures, the gray masses in the water, folks….they are lawyers, each wanting a piece of the action.
Ah, and the people really losing all their money are the innocent homeowners who thought that by buying into a Homeowners Association, they might protect themselves from such legal costs.

Floridians! Open up your wallets. You’ve been screwed again by a Homowner Association movement that lied to you from the beginning about protecting your investment behind the shield of a convenant protected community.

You really have no protection. In fact, in the colorful verbiage of the insurance industruct: You’re practicing naked.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

Don’t Trust The Management Company!

HOA managers just don’t seem to get it. Handicapped people have a special privilege under the ADA (Americans with Disabilities Act). It’s federal law. It can’t be monkeyed with.

Marcus Cook lived in the Jewell Lake Condominium Association west of Denver. He’s a disabled war veteran who needed a handicap parking spot so he could get his equipment out of his van.

Turns out management didn’t see it the same way and painted over his special parking area obliterating the part that contained the wider parking space. Management mocked him. Forrest Scruggs, of the property management company, Realty One, Inc, said “this crazy guy is asking for a parking space in the new fire lane.”

But the repainted parking lot was not in a fire lane. The Fire Department confirmed it.

War hero Marcus Cook, by the way, suffered a broken back while a paratrooper. He also has cancer and diabetes.

He did take his case up with Colorado’s Civil Rights Division.

Guess who won? The handicapped guy.

Guess who lost? Every family who lives at Jewell Lake Condominium Association in Lakewood.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association