Category Archives: Handicap

Disabled and living in an HOA?

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guest blog by Dave Russell

Each day I’m alerted to scores of cases where folks living in HOAs are denied reasonable accommodations for their disabilities. Some of these HOA denials are blatant violations of the Fair Housing Act, while some are not. I’m going to compare two recent cases that have grabbed the attention of the media. While both sound like truly legitimate cases, one homeowner did it right, and the other homeowner technically did it wrong.

Build it and they will come. The HOA that is!

After Michael Broadnax suffered a stroke late last summer, his wife became the head of the household. Charlotte Broadnax retrofitted her house with a small ramp so her husband could come home for rehabilitation. Now, the homeowners association for the Woodlands of Copperstone is threatening to sue the homeowners over the ramp.

Sounds like a clear-cut-case of a fair housing violation? The answer here is NO. Fair Housing allows for a reasonable accommodation, but you must ask your housing provider first. Yes, under the Fair Housing Laws, HOAs are considered ‘housing providers.’

“A resident is not entitled to receive a reasonable accommodation unless he/she asks for one.” (Nolan v. Starlight Homeowner Association)

In this case the homeowner just put up the wheelchair ramp and didn’t inform the HOA first. Of course the HOA will claim they had no idea Mr. Broadnax had become disabled. For all the HOA knows, the ramp could have been placed there just for the hell of it. Well, that’s what they’ll probably claim.

(link to KPHO story on wheelchair controversy)

Doing it right

Shawn Seekings has a disabled son, and he needs a fence to accommodate his boys disability. Unlike Charlotte Broadnax, Mr. Seekings made a reasonable request to the HOA to accommodate his son’s disability. Shawn Seekings did everything right, he asked the HOA for a reasonable accommodation and even backed it up with a written request from a neurologist. Mr. Seekings was smart-enough not to put up the fence first and then ask his HOA for the reasonable accommodation.

The HOA in Mr. Seekings case will probably face a Fair Housing violation for denying the fence. Not only is this my professional opinion, it’s also the opinion of Florida attorney S. David Cooper. I can almost guarantee the Esprit HOA and their management company, Melrose Property Management, are going to get slapped with massive fines and settlement costs by HUD.

(link to story on fence battle over autistic child)

Knowledge is power! Especially when battling it out with your HOA over Fair Housing Laws. Make sure you fully understand your rights under the Fair Housing Act.

(your rights under federal housing law)

 

A Dark Cloud Over St. Cloud, Florida

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guest blog by Nila Ridings

First a little back story about the connections we are making in our fight for justice in HOAs. This time our focus is on a boy in the ESPRIT HOA near Orlando, Florida.

A few weeks ago I was reading a story that was posted on Facebook about an HOA issue. Many comments were made but one stood out for me. It was a man stating his son had special needs and the HOA was refusing to allow a fence around their back yard. I responded to his comment by mentioning he should talk to Dave Russell. Shortly thereafter, Dave Russell came across my comment and took the time to send his personal phone number to the gentleman.

Once Dave talked with Shawn Seekings and learned his son has Asperger’s Syndrome, ADHA, and Epilepsy and his wife, Kristin is pregnant, he took action. As we all know, Dave Russell is a property manager in Arizona and understands the laws pertaining to fair housing and he has connections to the media. Shawn knows the fair housing laws as well. He had already contacted the government agency that he hoped would give him some assistance. But time is of the essence because Kristin is not able to chase the child since he moves much faster than her these days.

The HOA will only allow an open-spaced wrought iron fence. Shawn knows his son will scale that fence and be at risk with the alligators in the water directly behind their house. He has a letter from his son’s doctor outlining his conditions and the need for a vinyl fence. The vinyl would be a surface his son could not climb up and over. On the other side of the HOA the homeowners have vinyl fences, but next to the alligator pit they only allow wrought iron.

I know. I know. It makes no sense to me either! After seeing a video of an alligator that took one bite and removed the plastic bumper from a truck I would want an eighteen inch thick concrete wall around my yard!

In an HOA the rules are the rules and the dictators on the board always follow them except when it applies to them or one of their cronies. They fail to recognize HOAs cannot legally override or violate a federal law. According to attorney S. David Cooper this HOA is violating the Fair Housing Act. The attorney for the HOA will not return phone calls. And, now another child that just needs to go outside and play remains in the middle of an HOA battle!

A special thank you to Louis Bolden of WKMG6 for reporting this story. Long ago we learned the only way to solve HOA issues without nasty expensive litigation is to turn the cameras on and have the reporters take control. I laughed when the property manager decided she should give the reporter some advice to which he responded he didn’t need any advice!

HOAs…they are a guaranteed headache!

(link to Orlando Sentinel article on autistic child’s treatment by HOA)

 

“Frickin’ Faggots!”

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Dang, I hate using that word. But like the so-called ‘n-word’ it’s bandied about freely in Homeowners Associations. Most HOAs have long-existing deed restrictions which prohibit sales of homes to minorities. Those restrictions, of course, have long been outlawed by the U.S. Supreme Court, but does that stop discrimination? If you think so, you’ve gotta be kidding yourself.

A gay couple in the Monte Sereno Homeowners Association in Palm Springs is being targeted for ‘special’ treatment. One of them, Ken Seeley, is a star on the A&E show, ‘Intervention.’ Once or twice a month he has friends and co-workers over to watch the show. The HOA now says those gatherings are ‘business related’ and home businesses are outlawed by this HOA.

Now, the Monte Sereno board has deactivated Seeley’s transponder to the community gate so he can’t let his friends in.

The arrogance never stops, does it?

(link to story about A&E star)

 

Committed Christian? Bad Idea To Live In An HOA!

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Most HOAs have a regulation about “No Home Businesses.” With so many people working at home on the web that’s an almost meaningless rule…except when Board Bullies want to throw their weight around.

Sure, nobody wants to live next to a neighbor who operates a sawmill in his back yard. But sometimes the local HOA Nazi gets out of control and too full of himself. You’re an author and you write books and magazine articles? That’s an illegal business. You use your computer to fill out medical forms? Illegal home-based business.

The latest outrage comes from Senoia, Georgia, where a Christian family decided to help other families in need. In their garage they collect things like bed sheets, groceries, household goods. Nothing is stored in sight of any annoyed neighbors. Every so often the family delivers the goods to those who desperately need them.

“HOME BUSINESS!” screams the Summerfield HOA. “ILLEGAL!”

When you think about it seriously, Jesus Christ would be unwelcome in the vast majority of America’s Homeowners Associations. Riff raff. Healing cripples without a license. Restoring sight to the blind without permission from the HOA. Claiming to be God, when everyone in the neighborhood knows that only the HOA president is God.

Give me a break.

(link to HOA attempt to shut down family ministry)

 

Two Wildly Different Views of HOA Embezzlement

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“Embezzlement is so rare in HOAs that it’s almost non-existent.”
(What the HOA industry would have you believe.)

“Another embezzler hits an HOA for nearly a quarter million bucks.”
(What those of us at Neighbors At War would have you believe.)

Oh yeah, I almost forgot!

(link to another one of those thousands of embezzlement cases)

And another….

(link to another embezzlement the HOA industry just doesn’t want you to know about)

And the list goes on and on. HOA life is hazardous to your life savings. Believe it!