a case-by-case basis involving various factors, including the cost of the requested accommodation and the association’s financial see:
www.hud.gov/offices/fheo/library/huddojstatement.pdf).
The association is required to bear accommodation costs that do not amount to an undue financial or administrative burden, and it may not require people with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation. If the request to refrain from spraying weeds is “reasonable” (does not constitute an undue financial or administrative burden), the association must pay for the additional costs of weed removal.
Ask the Expert Q: We have a condo owner who is allergic to most anything. As
a result of this, the landscaper cannot spray to kill the weeds
that grow in the landscape areas around this condo. It costs the condo association more to pull the weeds than spray the weeds. Can the association charge the individual condo owner for this additional cost or does the association have to pay for this cost?
federal laws? Did the owner request an accommodation? Are there alternatives that would be similarly cost effective and still meet the needs of the owner (for example, using organic compounds for weed control)?
A:The answer to this question is highly fact-specific. Does the owner have a disability that invokes the protection of
Without knowing the specific facts involved, it is impossible to determine whether the owner’s request is reasonable and whether the association would be responsible for the additional costs. The association should consider discussing with the owner whether there is an alternative accommodation that would be less costly, but would still the association could use different chemicals for weed control, create an “herbicide-free zone” for a certain number of feet around the owner’s unit, or provide advance notice of any chemical application.
Complying with the fair housing laws in a situation like this can be highly complex and fact specific. The association should consider consulting its attorney.
associations to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling. (See 42 U.S.C. 3604(f)(3)(B)). Assuming the owner’s allergies would be considered a disability and the owner has requested an accommodation, the association may not deny the request unless it is “unreasonable.” This determination is made on
Sponsor Profile
Important Note: This provides a general discussion of the topic raised by the question, but is not intended as specific legal advice to the person who posed the question. The specific answer in this person’s association likely turns on specific provisions of that association’s governing documents and on the history of elections in that specific association. The person should seek specific advice from her attorney before taking action based on something said in the answer above.
If you would like to submit a question for the Ask the Expert column, please email it to Karen Rains, PCAM at
karen.rains@yalnes.com.
The Community Associations Journal is published monthly as an educational service by the Washington State Chapter of the Community Associations Institute. All opinions expressed are those of the authors and may not always be consistent with information provided by CAI. The Washington State Chapter does not warrant the accuracy of any information contained or endorse any product or service advertised in the Journal.
Year Established: 2003 CAI Member Since: 2012 Areas Served: Western Washington (Bellingham to Olympia)
Other Corporate Association Memberships: International Door Assoc., BBB, IDEA, Northwest Door Assoc., BOMA, ABC (Associate Builders & Contractors).
Services Provided: Sales, service and repair of residential and commercial garage doors and openers, ADA doors, commercial fire doors, gates, loading dock equipment and security grilles.
Company Philosophy:We provide the very best products and services backed by industry leading warranties. At Precision Door Service we address the causes of your garage door issues not the symptoms and then fix it right the first time.
Precision Door Service Contact: Kevin Spratt, President/Owner
Rick Kennard General Manager – Commercial Greg Bohrer, Marketing Manager
20728 56th Ave W. Lynnwood, WA 98036 Tel: 425.786.0075
Email:
Seattle@precisiondoor.net
www.wscai.org
25
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32