Header graphic for print
Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Reasonable Accommodations or Modifications

Subscribe to Reasonable Accommodations or Modifications RSS Feed

HOA Documents and The “Florida Sober Home Bill”

Posted in Association Documents, Disability, Governing Documents, Reasonable Accommodations or Modifications

Question: The issue of “sober houses” and other types of group homes has arisen in our community. We would like to know if we can amend our homeowners’ association documents to prohibit such uses? (S.W. by e-mail) Answer: In 2016, the Florida Legislature adopted the “Florida Sober Home Bill,” which creates a new certification for… Continue Reading

Must Community Associations in Florida Provide Handicapped Parking?

Posted in Discrimination/Fair Housing, Reader Q&A, Reasonable Accommodations or Modifications

Question: In a previous blog you stated that under some circumstances an association may be required to designate a particular parking space for an owner’s use if they were handicapped. What provision of the fair housing laws would require such a designation?  L.K. (via e-mail) Answer: I believe you are referring to my December 4,… Continue Reading

Are Wheelchair Lifts Required For Private HOA Pools?

Posted in Disability, Reader Q&A, Reasonable Accommodations or Modifications

Question: We live in a large gated community of over a thousand homes. Our homeowners’ association’s swimming pool is inaccessible to people with severe disabilities. Is there any way to force our HOA to provide a lift for those that need help to enter the pool?  J.C. (via e-mail) Answer: Under the Americans with Disabilities… Continue Reading

Does The ADA Apply To Condominiums in Florida?

Posted in Reader Q&A, Reasonable Accommodations or Modifications, Rental

Question: In a condominium that permits short term rentals, must the property be ADA compliant and who must make these modifications or alterations? J.B. (via e-mail) Answer: This is an extremely complex area of law. Important additional facts would include when the building was constructed, how many units are rented out on a short term… Continue Reading

Handicap Parking Space Requirements Subject to a Variety of Laws

Posted in Disability, Discrimination/Fair Housing, Reader Q&A, Reasonable Accommodations or Modifications

Question: How many handicapped parking spaces is our community required to have, where must they be placed and what local, state or federal law governs? J.B. (via e-mail) Answer: The requirements for handicapped parking spaces in any community can vary greatly depending on the age of the community, the type of community, the number of… Continue Reading

CALL Alert: ADA Tester Lawsuits and Sprinkler Opt Out Votes

Posted in CALL Alert, Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications

We have recently been receiving information about some resort-type private communities who are being sued by an ADA Tester who visits these private communities and  claims that he has been denied full and equal access and full and equal enjoyment of the facilities, services, goods and amenities within the community. Since some private communities provide… Continue Reading

Condo or HOA breed restrictions don’t apply in fair housing accommodation requests

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

There has been press about a case pending in Miami-Dade County over whether an owner is entitled to keep a dog in his unit as a reasonable accommodation for his disability. Issues concerning service and emotional support animals are highly charged and can result in significant liability for an association. As we have discussed in… Continue Reading

Accommodation Requests Under the Fair Housing Act: Live Webinar on March 18

Posted in Discrimination/Fair Housing, Events, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

Is your HOA or condo board seeing more and more requests for exceptions to your pet rules?  What about requests for specific parking spots or deviations from your architectural rules? Afraid saying no to any request will trigger a costly and stressful discrimination complaint against your HOA? Take charge of the process for handling requests… Continue Reading

HUD issues memo to housing providers regarding service animals and assistance animals for disabled persons

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

 Fair Housing accommodation cases receive a lot of press.  It seems like there are more and more cases all the time, most of which are resolved at the investigative/agency level than actually filed in court or go to trial.   HUD issued a memorandum reminding housing providers of their obligations pursuant to the federal laws with… Continue Reading

Failing to Handle Requests for Reasonable Accommodations (Emotional Support Animals) Appropriately has Consequences

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

The case against a condo association in Century Village reported by the Sun-Sentinel prompted me to alert readers of the consequences associated with violations of state and federal fair housing laws. If you aren’t familiar with the case click HERE for the most recent article.  In short, Broward County filed a lawsuit against the condominium association for discrimination and… Continue Reading

Lions, Tigers & Bears, Oh My! The Difference Between Service Animals & Emotional Support Animals

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

Which Controls – the ADA or FHAA? The ADA prohibits discrimination by private entities such as hotels, motels, inns, and other “places of public accommodation.” Discrimination under the ADA includes the failure to remove architectural and communication barriers that are structural in nature in existing facilities where such removal is readily achievable. Title III of the… Continue Reading

Age Discrimination Claims Against Condos & HOAs (“55 & Over” Housing)

Posted in Disability, Discrimination/Fair Housing, Housing for Older Persons (55 and Over), Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

The Federal Fair Housing Act  (FHA) prohibits discrimination in any activities relating to the sale or rental of a dwelling because of race, color, religion, sex, handicap, familial status or national origin. The term “familial status” is defined as one or more individuals (who have not yet attained the age of 18 years) being domiciled with a… Continue Reading