Americans with Disabilities Act

Documenting a Service Animal—Is the Association Allowed to Ask? The Wrong Answer will Cost You.

Even though most private residential Associations are not subject to the Americans with Disabilities Act (the “ADA”), the Fair Housing Act (the “FHA”) still applies and protects owners who have service animals. In some cases, the Association has the right to ask the owner for documentation supporting the need for a service animal, but not […]

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Just Because a Resident Has a Disability, an Accommodation May Not Be Reasonable

Facts The parties to this suit both reside in a condominium association.  Each party owns a unit, and each has parking spaces.  The dispute is over the fact that when the Grudziecki parks their car in their parking spot, even within the lines, it is difficult, if not impossible, to access the ramp to the

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Owners Pay High Price of Litigation Against Association

Summary Even where homeowners characterize their claims against an Association as civil rights violations, the claims involved in the parties’ rights under the declaration, and the declaration’s attorney’s fees provisions applied. Facts In 2011, David Merritt, a former HOA board member, and his wife, Salma, sued their Sunnyvale HOA, Classics at Fair Oaks (Classics), as

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