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HOA communities are covered by federal and California fair housing law — which means associations must make reasonable accommodations and allow reasonable modifications for residents with disabilities. These requirements extend beyond accessibility in common areas to cover the association’s rules, policies, and practices when those rules create a barrier for a disabled resident’s use and enjoyment of their home.
The Reasonable Accommodation Obligation
Under the Fair Housing Act and California’s FEHA, an HOA must make reasonable accommodations in its rules, policies, practices, or services when necessary to give a person with a disability an equal opportunity to use and enjoy their home. Examples include: waiving a no-pet policy to allow an emotional support animal; assigning a closer parking space for a resident who cannot walk long distances; allowing a ground-floor unit transfer in an elevator-equipped building for a mobility-impaired resident; and modifying quiet hour rules for residents who need medical equipment that produces noise.
The Reasonable Modification Obligation
In addition to rule accommodations, HOAs must allow residents to make reasonable modifications to their units and common areas to provide accessibility for disabled residents. The resident typically bears the cost of the modification and may be required to restore the modification upon moving out. Examples include: installing grab bars in bathrooms, adding a wheelchair ramp to a unit entrance, widening doorways, and installing accessible door hardware. The HOA cannot condition modification approval on factors unrelated to the disability need or the modification’s impact on the common area.
The Interactive Process Requirement
When a resident requests an accommodation or modification, the HOA must engage in an “interactive process” — a good-faith dialogue about the request, the resident’s needs, and alternatives if the specific request is not feasible. Simply denying a request without engaging in this dialogue is a fair housing violation. If your HOA has denied your accommodation or modification request without meaningful engagement, file a complaint with the California Department of Civil Rights (formerly DFEH) — the process is free and the HOA faces significant liability for fair housing violations.
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