Fair Housing Act apply to cardiology problems

[eeglas]

What is the name of your state? California

Does anyone know if the Federal Fair Housing Act applies to people handicapped by cardiology problems? If someone needs a modification to their private condo for medical reasons (substantiated by a doctor's order) and the modification only impacts the personal property, not common area, does the Act apply? This would be to help a person with severe cardiology health issues, and the board continues to deny the request. If the Act applies, how do we proceed with the HOA board? Thanks!

 

[HomeGuru]

What is the name of your state? California

Does anyone know if the Federal Fair Housing Act applies to people handicapped by cardiology problems? If someone needs a modification to their private condo for medical reasons (substantiated by a doctor's order) and the modification only impacts the personal property, not common area, does the Act apply? This would be to help a person with severe cardiology health issues, and the board continues to deny the request. If the Act applies, how do we proceed with the HOA board? Thanks!

**A: post the specifics as to the health problem and what is needed with respect to modification.

 

[eeglas]

The health problem is restrictive cardiomyopathy in a 71-year-old woman. She is debilitated with shortness of breath, chest pain and fatigue. She does not get out of bed much, only leaves the condo once a week to get her hair done (a moral boost). Her doctor advised her to get more real fresh air, i.e, getting outside more, which means she should at least get out on her balcony.

The modification we've asked for and been denied is a thin, clear solid cover (a strong, clear plastic panel) for our existing slatted wood balcony cover (won't obstruct anyone's view as we are the top floor, doesn't obscure anything and cannot be seen).

As background, there is an excessive amount of bird traffic in this area, resulting in excessive bird "debris". There are wetlands across the street. We've been "hit" a number of times in a short period sitting out on the balcony. Denying this woman her ability to sit out on her balcony is denying her enjoyment of her living space -- and the only outside space she can get to on a regular basis. The board does not allow fake owls or other bird detractions (which can be eyesores, too, in the eyes of some). Hence, the request for a clear cover. We know that getting hit by bird "debris" is a normal risk when walking down the street or just being outside, but due to the wetlands, we really have an excessive amount.

(More background on the requested cover is under the post "Ability to improve existing structure" -- a long thread, but provides the information on the structure and improvement we requested for this health reason).

 

[rmet4nzkx]

Will they allow her to hang one of the roll up shades which can be hung then rolled up and down as needed? These can be hung so they are totally out of sight when not in use. Another option is to sit near the open doorway protected by the screen. There are several options as to umbrellas. I live in a condo on the first floor so I have the balcony partially covering my patio so that a full sized umbrella is not practical. I bought a Beach umbrella it is designed to be carried, in two pieces and opens enough to cover the entire table so about 50" across. So it is lightweight but comes in 2 parts so it is totally out of sight when not in use. There are slightly smaller ones that clip onto a chair.

You might call the health department regarding her health and the hazzards of infection from excessive bird droppings, the HOA may be required to maintain the area.

http://www.dhs.ca.gov/
http://www.cdc.gov/flu/avian/index.htm
http://www.co.san-joaquin.ca.us/EHD/General_Info/News_and_Health_Warnings/Articles/1st WNV in CA.htm

 

[HUD-1]

You might have a case for "Reasonable Accommodation" under the Fair Housing Act. It applies to many housing providers and condominium associations. Check it out.