Association Prevails on Unsubstantiated ADA, FHA Claims

November 14, 2013
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Facts: A former homeowner in a planned community sued the association, claiming that it had violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) concerning a walkway built to the house she previously owned and access to the swimming pool and related shower and bathroom facilities by persons in wheelchairs. The owner said that she has a bone disease and an anxiety disorder, but didn’t specify exactly what they are. For the anxiety disorder, she claimed to need a service dog, whose presence reduced her anxiety.

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