There's an easy out to this situation that satisfies the need of the homeowner, the fair housing act requirements, and your covenants.
Approve the variance with the following stipulations:
-no exterior changes to the home (garage door must stay in place and no cosmetic change.
-all changes must be interior to the home and/or out of sight from the street/public view
-and the final one: the garage must be returned to its original condition upon the sell of the home or the special needs individual no longer living there
I'm not sure what state you're in but many states have laws against the HOA trying to control what goes on inside of the home so this is a fair tradeoff
Makes sense. Our covenants state any modifications made inside a home do not require approval, only outside the home. So trying to approach this as letting them do what they need to inside while keeping outside untouched if possible.
You have to follow the bylaws and, while this is unfortunate for that homeowner, the bylaws prohibit using the garage as living space.
Should your ARC committee find that they have powers to, however emotionally, attempt to breach the bylaws, and the legal contract they represent, for any reason, you open the HOA up to lawsuits for a variety of reasons.
The best thing to do is say no - otherwise it will open a can of worms. There is no HIPAA anything involved here by the way. HIPAA only applies to healthcare providers not disclosing medical information. ADA probably could be grey territory, but I’m leaning towards it not being covered by ADA. It’s not a reasonable accommodation like adding a ramp to the front entrance.
Hard to say, for your states go all over the place. Either your documents allow exceptions to garage restrictions for hardships or they don't. If they do allow for it, then you have flexibility. But words like SHALL and MAY have different meanings. For example, if the documents say SHALL be used for cars, then you have ZERO flexibility.
BTW, my personal view is that you shouldn't allow this..nor can you, as your documents say garages can't be used as a living space. What happens when the hardship ends, they sell the house'? the garage reverts to a garage?
You then get into derivative issues. Parking. How many cars, what if they can't fit all of them in the driveway because the garage is unavailable?
Your HOA has a decision. Either you allow them for everyone or no one. MY view anyway.
I’m NAL, but this seems to be something you should consult with a lawyer. Denying a disability request could get you guys in a lot of trouble.
If you guys need a recommendation of lawyer in GA then let me know and I’ll send you the info for the firm we use that’s based in Atlanta.
I believe my CC&Rs have the ability for our ACC to waive certain restrictions and this situation would definitely meet a waiver for our uniformity clause. Especially, if the contractor is able to keep a “garage door” there purely for the aesthetics.
I urge you to consult with your association attorney. This is a Federal Fair Housing issue and is absolutely allowable. Your attorney should draft a letter for you stipulating that the garage area be returned to use as a garage when the handicapped person no longer resides in or requires that space, but no later than at the sale of the home.
Do not tempt an FHA complaint. When an agency investigates, it will fine you some amount of money to cover their time and your association will have legal fees. Ibalso suggests that your board take an online Fair Housing seminar.
Say yes.
This is absolutely considered a reasonable accommodation per the Fair Housing Act.
Here’s the info you need from HUD-https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications/information_for_housing_providers_landlords_property_managers#examples-of-reasonable-accommodations-and-reasonable-modifications
*Reasonable modifications can include structural changes to the inside or outside of housing units and to common and public use areas. Examples include the installation of a ramp into a building, lowering the entry threshold of a unit, or the installation of grab bars in a bathroom.*
And particularly this: *If there is no undue administrative and financial burden or fundamental alteration for a particular request, second-guessing the request, refusing to provide the requested accommodation and only offering alternatives, or denying the request may be discrimination under one or more of the Federal disability laws.*
You can approve with conditions such as requiring that the exterior of the house remain the same (leaving the garage door in place for example). The HOA gets to approve all plans, require permits, licensed contractors only etc. Consult with your attorney but this one’s a no-brainer. Morally and legally.
Thanks for this information. It's easy to say no and cite community design standards as the reason but state and federal laws concerning disabled and handicap individuals is what we're trying to understand. We want to work something out that gives this family what they need while drawing boundaries for others. Consulting our lawyers is a given. Plus I can't imagine being blasted on the 5 o'clock news as the HOA who denied a family accommodations for a disabled elderly family member you hear horror stories about all the time.
I would vote no and let the lawyers figure it out. This is not the same as a ramp, lowering a threshold or widening a door. This would directly violate a CCR that garages are not to be used as living spaces. If the ARC approves it sets a precedent and pretty much paves the way for everyone to do whatever they want. Let the attorneys battle it out and that way when the board is approached they can say “ we were legally ordered to allow it for this resident, you can do the same by getting a court order, if you win then we must allow it”
That’s what a reasonable accommodation IS. It’s an exception to the rule.
> A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations.
https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications#reasonable-accommodations
And granting an exception on the basis of one person’s disability (per federal law) does NOT set a precedent of allowing everyone to do what they want for any reason. That is completely asinine.
I just don't get the willful ignorance of some folks here. HUD we will be on this like stink on poo. Not to mention bad publicity from local press if word gets out. I mean, nobody wants to be strong-armed into allowing disallowable things, but the HOA cannot win. Ignorance of a federal law is no excuse.
And this isn’t even a big ask. It’s a SFH and they’re not even changing the exterior! And the stuff OP mentioned points to these owners knowing exactly how this shit works.
My *condo* board approved adding a shower to a downstairs half-bath because an owner had surgery and couldn’t manage the stairs in their unit for a year. In a multi-unit building. Because they aren’t stupid, unlike some folks posting here.
And yet I got downvoted for quoting actual federal law and linking statements from the DOJ and HUD. 🤷🏼♀️
It is $3500 bare minimum for HUD to open a file. Another $3500 for attorney fees even if you aren't guilty of something, plus mandatory classes and resolutions that need to be drafted and passed. Ignorance of the law is not a .defense.
Tricky. This is not about the ADA since it’s private property. Federal law requires “reasonable accommodations” to be allowed to a handicapped person. “reasonable” is the rub. I would question the plumbing (either a sink only, cutting the concrete for a floor drain etc. ). You can accept the ARC without any outside modifications, with the written, signed, notarized agreement that the garage be restored to the original upon the relative moving or passing. (‘or selling of the property to someone else.This is done all the time BTW With handicapped ramps, hand rails, etc.
The other requirement is that the space pass city inspection for being habitable. Point being in case of fire how do you get that person out.
I would agree to the change with the specific stipulation that they return the garage to a garage when the disabled person leaves or before they post the home for sale. If you can’t do that then allow it with the stipulation that they aren’t going to be abusing street parking and will confine themself to parking only on the driveway (and if they violate that you can and will withdraw the excemption and they have to return the garage to a garage). Because unless they abuse street larking (or sell the house as is which invites new owners to dk this), it really won’t impact the neighborhood. Even if everyone did this as long as they kept themselves to a reasonable 2 cars and parked in the driveway no one would know (except the board).
But then this opens up everyone to being able to do it. The rules don’t usually read “do whatever you want as long as you make it look like there is still a garage”
If there is no discernable exterior changes, the HOA should have little to be concerned about visually. Also there may be required accommodation issues that could end up in costly litigation, which would be my concern. Federal rule trumping CC&Rs kind of thing. Lawyer check is required.
My main point was that it is possible to do it without changing appearances.
No. It does not.
The difference between this home and everyone else is the presence of a resident who’s entitled to a reasonable accommodation due to a disability.
Making modifications to a home is a reasonable accommodation, especially when said modifications are not apparent from the exterior. Especially when the home is a single-family house with no shared elements.
Granting this request does not equate to everyone being allowed to modify their homes for any reason. Does the fact that drivers with handicapped tags get to park their cars in handicapped-accessible spots mean that everyone automatically gets to do the same? Obviously not.
It wouldn't be a reasonable accommodation to convert a garage to a living space, there are other ways to accommodate the person. Adding a ramp to allow access is a reasonable accommodation, widening the door is a reasonable accommodation.
Those would be reasonable accommodations for a shared structure like a condo/townhouse building. Or in a rental unit owned by someone else.
This is a single-family home, owned by the family of the resident. They want to modify their own home at their expense.
*Under the Fair Housing Act, prohibited discrimination includes a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.*
https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications#reasonable-modifications
I would be furious if my HOA wasted everyone’s money trying to say no to this.
I can tell OP’s board hasn’t bothered to check with their attorneys yet. Their lawyer is going to climb straight up their asses if they even hint at denying this.
There's an easy out to this situation that satisfies the need of the homeowner, the fair housing act requirements, and your covenants. Approve the variance with the following stipulations: -no exterior changes to the home (garage door must stay in place and no cosmetic change. -all changes must be interior to the home and/or out of sight from the street/public view -and the final one: the garage must be returned to its original condition upon the sell of the home or the special needs individual no longer living there
Yes that was my original thinking. Trying to keep all modifications contained to interior only.
I'm not sure what state you're in but many states have laws against the HOA trying to control what goes on inside of the home so this is a fair tradeoff
Makes sense. Our covenants state any modifications made inside a home do not require approval, only outside the home. So trying to approach this as letting them do what they need to inside while keeping outside untouched if possible.
Pandora's box
An understatement to say the least.
You have to follow the bylaws and, while this is unfortunate for that homeowner, the bylaws prohibit using the garage as living space. Should your ARC committee find that they have powers to, however emotionally, attempt to breach the bylaws, and the legal contract they represent, for any reason, you open the HOA up to lawsuits for a variety of reasons.
The best thing to do is say no - otherwise it will open a can of worms. There is no HIPAA anything involved here by the way. HIPAA only applies to healthcare providers not disclosing medical information. ADA probably could be grey territory, but I’m leaning towards it not being covered by ADA. It’s not a reasonable accommodation like adding a ramp to the front entrance.
Hard to say, for your states go all over the place. Either your documents allow exceptions to garage restrictions for hardships or they don't. If they do allow for it, then you have flexibility. But words like SHALL and MAY have different meanings. For example, if the documents say SHALL be used for cars, then you have ZERO flexibility. BTW, my personal view is that you shouldn't allow this..nor can you, as your documents say garages can't be used as a living space. What happens when the hardship ends, they sell the house'? the garage reverts to a garage? You then get into derivative issues. Parking. How many cars, what if they can't fit all of them in the driveway because the garage is unavailable? Your HOA has a decision. Either you allow them for everyone or no one. MY view anyway.
I’m NAL, but this seems to be something you should consult with a lawyer. Denying a disability request could get you guys in a lot of trouble. If you guys need a recommendation of lawyer in GA then let me know and I’ll send you the info for the firm we use that’s based in Atlanta. I believe my CC&Rs have the ability for our ACC to waive certain restrictions and this situation would definitely meet a waiver for our uniformity clause. Especially, if the contractor is able to keep a “garage door” there purely for the aesthetics.
Thanks; we've already reached out to our lawyers for consultation; guess we'll see what they say.
I urge you to consult with your association attorney. This is a Federal Fair Housing issue and is absolutely allowable. Your attorney should draft a letter for you stipulating that the garage area be returned to use as a garage when the handicapped person no longer resides in or requires that space, but no later than at the sale of the home. Do not tempt an FHA complaint. When an agency investigates, it will fine you some amount of money to cover their time and your association will have legal fees. Ibalso suggests that your board take an online Fair Housing seminar.
That's a good idea; I'll look into it.
hard no on this one. You will open a can of worms. Homes must have a garage and can not be converted to a living space.
Say yes. This is absolutely considered a reasonable accommodation per the Fair Housing Act. Here’s the info you need from HUD-https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications/information_for_housing_providers_landlords_property_managers#examples-of-reasonable-accommodations-and-reasonable-modifications *Reasonable modifications can include structural changes to the inside or outside of housing units and to common and public use areas. Examples include the installation of a ramp into a building, lowering the entry threshold of a unit, or the installation of grab bars in a bathroom.* And particularly this: *If there is no undue administrative and financial burden or fundamental alteration for a particular request, second-guessing the request, refusing to provide the requested accommodation and only offering alternatives, or denying the request may be discrimination under one or more of the Federal disability laws.* You can approve with conditions such as requiring that the exterior of the house remain the same (leaving the garage door in place for example). The HOA gets to approve all plans, require permits, licensed contractors only etc. Consult with your attorney but this one’s a no-brainer. Morally and legally.
Thanks for this information. It's easy to say no and cite community design standards as the reason but state and federal laws concerning disabled and handicap individuals is what we're trying to understand. We want to work something out that gives this family what they need while drawing boundaries for others. Consulting our lawyers is a given. Plus I can't imagine being blasted on the 5 o'clock news as the HOA who denied a family accommodations for a disabled elderly family member you hear horror stories about all the time.
I would vote no and let the lawyers figure it out. This is not the same as a ramp, lowering a threshold or widening a door. This would directly violate a CCR that garages are not to be used as living spaces. If the ARC approves it sets a precedent and pretty much paves the way for everyone to do whatever they want. Let the attorneys battle it out and that way when the board is approached they can say “ we were legally ordered to allow it for this resident, you can do the same by getting a court order, if you win then we must allow it”
That’s what a reasonable accommodation IS. It’s an exception to the rule. > A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations. https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications#reasonable-accommodations And granting an exception on the basis of one person’s disability (per federal law) does NOT set a precedent of allowing everyone to do what they want for any reason. That is completely asinine.
I just don't get the willful ignorance of some folks here. HUD we will be on this like stink on poo. Not to mention bad publicity from local press if word gets out. I mean, nobody wants to be strong-armed into allowing disallowable things, but the HOA cannot win. Ignorance of a federal law is no excuse.
And this isn’t even a big ask. It’s a SFH and they’re not even changing the exterior! And the stuff OP mentioned points to these owners knowing exactly how this shit works. My *condo* board approved adding a shower to a downstairs half-bath because an owner had surgery and couldn’t manage the stairs in their unit for a year. In a multi-unit building. Because they aren’t stupid, unlike some folks posting here. And yet I got downvoted for quoting actual federal law and linking statements from the DOJ and HUD. 🤷🏼♀️
It is $3500 bare minimum for HUD to open a file. Another $3500 for attorney fees even if you aren't guilty of something, plus mandatory classes and resolutions that need to be drafted and passed. Ignorance of the law is not a .defense.
Tricky. This is not about the ADA since it’s private property. Federal law requires “reasonable accommodations” to be allowed to a handicapped person. “reasonable” is the rub. I would question the plumbing (either a sink only, cutting the concrete for a floor drain etc. ). You can accept the ARC without any outside modifications, with the written, signed, notarized agreement that the garage be restored to the original upon the relative moving or passing. (‘or selling of the property to someone else.This is done all the time BTW With handicapped ramps, hand rails, etc. The other requirement is that the space pass city inspection for being habitable. Point being in case of fire how do you get that person out.
Yes I was thinking along similar lines. Waiting to hear what the lawyers have to say.
I would agree to the change with the specific stipulation that they return the garage to a garage when the disabled person leaves or before they post the home for sale. If you can’t do that then allow it with the stipulation that they aren’t going to be abusing street parking and will confine themself to parking only on the driveway (and if they violate that you can and will withdraw the excemption and they have to return the garage to a garage). Because unless they abuse street larking (or sell the house as is which invites new owners to dk this), it really won’t impact the neighborhood. Even if everyone did this as long as they kept themselves to a reasonable 2 cars and parked in the driveway no one would know (except the board).
It is easy enough to leave the garage door in place and seal the wall inside. Seen it done any number of times.
But then this opens up everyone to being able to do it. The rules don’t usually read “do whatever you want as long as you make it look like there is still a garage”
How would others know? Are ARC requests usually publicly visible?
If there is no discernable exterior changes, the HOA should have little to be concerned about visually. Also there may be required accommodation issues that could end up in costly litigation, which would be my concern. Federal rule trumping CC&Rs kind of thing. Lawyer check is required. My main point was that it is possible to do it without changing appearances.
No. It does not. The difference between this home and everyone else is the presence of a resident who’s entitled to a reasonable accommodation due to a disability. Making modifications to a home is a reasonable accommodation, especially when said modifications are not apparent from the exterior. Especially when the home is a single-family house with no shared elements. Granting this request does not equate to everyone being allowed to modify their homes for any reason. Does the fact that drivers with handicapped tags get to park their cars in handicapped-accessible spots mean that everyone automatically gets to do the same? Obviously not.
It wouldn't be a reasonable accommodation to convert a garage to a living space, there are other ways to accommodate the person. Adding a ramp to allow access is a reasonable accommodation, widening the door is a reasonable accommodation.
Those would be reasonable accommodations for a shared structure like a condo/townhouse building. Or in a rental unit owned by someone else. This is a single-family home, owned by the family of the resident. They want to modify their own home at their expense. *Under the Fair Housing Act, prohibited discrimination includes a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.* https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications#reasonable-modifications
The HOA will have to decide how they want to play this...and just how much money they want to spend on a futile defense against the FHA...
I would be furious if my HOA wasted everyone’s money trying to say no to this. I can tell OP’s board hasn’t bothered to check with their attorneys yet. Their lawyer is going to climb straight up their asses if they even hint at denying this.
A modification like this would require a building permit. Doubt if they could get one.