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HOA Updated Pool Community Bathrooms, but H/C Stall has a Standard Toilet

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    HOA Updated Pool Community Bathrooms, but H/C Stall has a Standard Toilet

    Hello;

    A few months ago my HOA re-did/upgraded the poolside bathrooms. I had actually never been to my pool because it's location is really challenging for me to get to and from, and there is no lift to get a disabled person in/out of the pool. It's just a fight I never wanted to get into because the community was built prior to the signing of the ADA.

    I recently needed to use the shower, and discovered that the toilet in the h/c stall is just a standard height toilet, and not the higher toilet.

    I was thought that if they refurbished the bathroom, including putting in new fixtures, that they must comply with ADA laws, and thereby install the higher toilet. Can anyone direct me to specific information, that I can present to the community manager and board? I am sure that I must first write a letter and present it to the board during the next monthly meeting, but I don't want to come empty handed with no back up.

    Thank you!

    #2
    Without having time to research a bit i am thinking if this is a public area and not exclusively for home owners it would come under Title III Public Accommodations of ADA.
    If the facilities are just for homeowners it may be a "Fair Housing Act" issue.. this pamphlet on Fair Housing mentions pools in introduction and page 5, Section B

    http://www.equalrightscenter.org/sit....pdf?docID=142

    You should be able to find quite a bit of information with Google search for"Fair Housing and condominium housing access".

    Good luck, have never lived in home with HOA but I know some can be unreasonable
    Last edited by ChesBay; 15 Jul 2016, 5:47 PM. Reason: typo

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      #3
      Originally posted by wheeliegirl View Post
      Hello;

      A few months ago my HOA re-did/upgraded the poolside bathrooms. I had actually never been to my pool because it's location is really challenging for me to get to and from, and there is no lift to get a disabled person in/out of the pool. It's just a fight I never wanted to get into because the community was built prior to the signing of the ADA.

      I recently needed to use the shower, and discovered that the toilet in the h/c stall is just a standard height toilet, and not the higher toilet.

      I was thought that if they refurbished the bathroom, including putting in new fixtures, that they must comply with ADA laws, and thereby install the higher toilet. Can anyone direct me to specific information, that I can present to the community manager and board? I am sure that I must first write a letter and present it to the board during the next monthly meeting, but I don't want to come empty handed with no back up.

      Thank you!
      http://hoalaw.tinnellylaw.com/2012/0...d-the-leg.html

      The FFHA is similar to the ADA; however, the FFHA applies directly to housing facilities, including HOAs. Under the FFHA, a HOA may not legally refuse to make reasonable accommodations in its rules or policies when such accommodations may be necessary for a disabled owner to fully enjoy and use her unit. An example would include when a disabled owner requires the assistance of a service animal; a HOA would be obligated to grant a waiver from its ?no pets? rule. The HOA ?s refusal to make such an accommodation (one that is reasonable and necessary to afford a disabled owner the full enjoyment and use of her unit) is deemed to be discrimination under the FFHA. The FFHA also requires HOAs to permit a disabled owner to make, at such owner?s expense, reasonable modifications to the owner?s unit and HOA common areas.


      I don't know if the above would apply or not? But you should be afforded the same rights as others for the pool.
      T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

      My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

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