Reasonable accommodation requests in HOA communities are an important part of ensuring all residents are treated equally. Residents with disabilities should have full use and enjoyment of their homes, as well as the community’s facilities. While rules help maintain property values, associations must also comply with fair housing laws.
What are Reasonable Accommodation Requests in HOA Communities?
Homeowners associations and condominiums exist to enforce rules, collect dues, and maintain common areas. The ultimate goal is to preserve the appearance and value of the community. To achieve this, boards enforce rules that govern everything from parking and pets to architectural changes and amenity use.
Most residents follow these rules without any problems. That said, a rule or policy that works well for most residents may unintentionally pose issues for someone with a disability. Similarly, the way a community is physically structured may make it harder for some to access common areas or fully enjoy their homes.
For example, an association may have a strict no-pets policy or rules that limit exterior modifications. Many communities also have assigned parking and amenity usage rules that may inadvertently restrict accessibility.
While these rules don’t disrupt most people’s daily lives, they can bring significant challenges to residents with disabilities. In such situations, an exception to a rule is necessary.
To put it simply, a reasonable accommodation is a change or exception to an association’s policies or practices that allows a person with a disability to have an equal opportunity to use and enjoy their homes and the community. It differs from a reasonable modification, which involves a physical alteration to a common area or property.
What is a Reasonable Accommodation Under the Fair Housing Act?
Accommodation requests in HOA communities are primarily governed by fair housing laws. Associations in both Maryland and Virginia should understand the federal protections as well as state laws.
Federal Fair Housing Act
The federal Fair Housing Act (FHA) prohibits housing discrimination based on disability and several other protected characteristics. Under the FHA, HOAs and condominiums must provide reasonable accommodations when necessary for a resident with a disability to have an equal opportunity to use and enjoy a dwelling.
Examples include:
- Allowing a service animal or emotional support animal despite a no-pet policy
- Reserving an accessible parking space near a resident’s home
- Adjusting certain community procedures because of a disability
The FHA also allows associations to ask for information that confirms both the person’s disability and the related need for the accommodation. That said, boards generally should not request unnecessary medical records.
Maryland Fair Housing Law
Maryland has a Fair Housing Act that largely works similarly to the federal FHA. This law prohibits discrimination against individuals with disabilities and requires reasonable accommodations or modifications. It applies to HOAs and condo associations.
Virginia Fair Housing Law
As with Maryland, Virginia has its own fair housing protections. The Virginia Fair Housing Law prohibits housing discrimination against persons with disabilities, mirroring federal FHA regulations. According to this law, HOAs and condos must provide reasonable accommodations when required.
Is ADA HOA Compliance Required?
Accommodation requests in HOA communities often lead people to ask whether the Americans with Disabilities Act (ADA) applies to associations as well. The answer depends on the circumstances.
In most cases, the ADA does not apply to the residential portions of HOAs and condo associations. Private residential communities generally fall under the Fair Housing Act instead.
That said, the ADA may apply when an association owns, operates, or leases a place of public accommodation. Common examples include a leasing office open to the general public, a clubhouse rented to outside groups, or commercial spaces the association operates.
In these situations, the portions of the property open to the public may need to comply with ADA accessibility requirements. On the other hand, amenities that residents exclusively use fall under the FHA, even when residents invite guests over.
What Makes an Accommodation Reasonable?
There is no universal list of accommodations that every association must approve. Generally, an accommodation is more likely to be considered reasonable when it meets the following criteria.
- Necessary Because of a Disability. The requested accommodation should address a limitation related to the resident’s disability.
- Provides Equal Housing Opportunity. The purpose of the accommodation should be to allow the resident to use and enjoy their dwelling and community in the same way as other residents.
- Poses No Undue Financial or Administrative Burden. Associations are not typically required to approve requests that would impose significant expense or substantial administrative difficulty.
- Doesn’t Fundamentally Alter Association Operations. An accommodation generally shouldn’t require the association to change its core functions or operations.
- Clear Disability-Related Need. If the disability or need is not obvious, the association may request reliable documentation.
- Evaluated Individually. Boards should avoid automatically approving or denying requests based only on past decisions. Instead, the board must review every request as a unique case.
Can an HOA Deny a Reasonable Accommodation Request?
While fair housing laws require associations to consider reasonable accommodations, not all requests must be automatically approved. An HOA can deny a request under certain circumstances, including but not limited to:
- The resident is not requesting the accommodation because of a disability, but rather for personal convenience.
- The accommodation would impose an undue financial or administrative burden on the association.
- There is insufficient information to establish the disability-related need, even after documentation has been requested.
- The accommodation would fundamentally alter the nature of the association’s operations.
- The accommodation would directly endanger the health or safety of others.
That said, board members must proceed with caution when denying requests. Just because a request seems unusual or is unpopular with others doesn’t mean the board has grounds to reject it. If a request needs further investigation, the board should discuss it with the resident without asking for medical records.
Keep in mind that improper denials can result in fair housing complaints and even legal action. If the original request isn’t reasonable, the HOA should work with the resident to come up with an alternative.
How to Ask HOA for a Reasonable Accommodation
Reasonable accommodations follow a similar process in both Maryland and Virginia. Here are the steps to ask for and evaluate accommodation requests in HOA communities.
1. Submit the Request
The process begins with a resident submitting a formal request. This request must be in writing and explain key details, such as the accommodation itself, why it’s necessary, and how it will help the resident.
2. Provide Supporting Information if Needed
Some disabilities or disability-related needs aren’t immediately visible. In such cases, the association can ask for reliable documentation from a qualified healthcare provider or professional. The documentation only needs to establish the disability-related need, not the medical diagnosis or other medical information.
3. Board Reviews the Request
Once the request is in hand, the board must review it as soon as possible. Evaluations must follow a consistent process and criteria. It should focus on whether the resident has a disability, whether the accommodation is necessary, and whether the request is reasonable under fair housing laws.
Delaying the review and response will only create frustration. Worse yet, it can even expose the association to legal liability.
4. Engage in an Interactive Process
If additional information is needed or the accommodation has issues, the board should communicate directly with the resident. Perhaps possible alternatives exist. This collaborative approach can prevent disputes.
5. Make a Decision
Once it reaches a decision, the board must inform the resident in writing. If approved, the association should clearly explain how the accommodation will be implemented. On the other hand, if denied, the board should explain the legal basis behind the decision.
A Balancing Act
It is not always easy to navigate reasonable accommodation requests in HOA communities. Board members must balance compliance with fair housing laws and resident needs with the association’s character and operations. When in doubt, it is best to seek professional guidance.
Keymont Community Management offers expert management services to associations in Virginia, Maryland, and Washington, DC. Call us today at 703.752.8300 or request a proposal to start your journey!
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