Conditioned Approval of New Garage Was Constructive Denial
Facts: In order to use his new motorized wheelchair, a disabled homeowner in a planned community modified his car to transport the wheelchair. Because of the modification, the car no longer fit in the owner’s garage. He asked the architectural review board to approve plans for a larger detached garage that he wanted to build on his property. The board denied the request. The owner resubmitted the request, making it clear that he was asking for a reasonable accommodation under the Fair Housing Act (FHA).
The resource you requested is available only to current members.
Please log in or start your membership account.
Sign up for your free trial membership and access this resource now.
Community Association Management Insider helps community association managers keep their co-ops, condominiums, and homeowner’s associations running effectively and within budget — and all in the bounds of state, local, and federal law, as well as their governing documents.
Click here for quick FREE trial sign-up.
As a member, you get:
- Model tools, such as letters to members, bylaws, and contractor agreements
- Step-by-step management techniques
- Updates on new laws and court cases that impact you
- Easy-to-implement solutions to managers' thorniest challenges.
Community Association Management Insider will show you how to:
- Avoid liability and get indemnity
- Effectively and economically manage maintenance and repairs
- Get better deals from contractors
- Get the right insurance coverage
- And much, much more
Sign up for your free trial membership and access this resource now »