Community Forums

Chuck 1935 · 09-12-2011, 10:34 AM

Get a letter from your doctor stating that she needs the extra step. Then build or get built nice looking, tastful steps and install them. If they start it up again, show them the letter, If they are still spoiling for a fight I would unleash my wrath upon them. Call the Newspaper the local TV news, call senior affairs and the attorney general. If all that doesn't cool their jets, yuou could show your neighbors the Dr's letter and have them sign a petition. Lastly let them buy your lot back. Who would want to live with these neanderthals ?
Good Luck !! Don't give up the good fight !!!

mrblanche · 09-12-2011, 11:07 AM

Quote:

Originally Posted by KIX

Sure than can........see deed restrictions
It's not "against" ADA as the ADA only deals with facilities frequented by the public or other than the owner.

Just like any other business, an RV park has to comply with ADA. Believe me on this...they do not want lots of little gray men in gray suits with black briefcases descending on their facility to start measuring steps, etc.

Midniteoyl · 09-12-2011, 11:48 AM

Well... even if the ADA doesnt apply to their home, specifically, I would still get a lawyer to start poking around to see what they have NOT complied with in the park.. after all, if they are not willing to let this lady have the steps she needs, as signed off on by her doctor, then what else are they doing to hinder the handicapped?

The flip side to this is, well, we really do not know exactly what the trouble and reasons are... do we?

richardskaff · 07-14-2020, 09:11 AM

The ADA covers BOTH public and private facilities open to the public. Both must have programs, policies and procedures that are accessible and don't discriminate against people with disabilities.

Richard Skaff, Executive Director
Designing Accessible Communities

Dutch Star Don · 07-14-2020, 11:22 AM

You can go about this a different way. Change the steps on the coach. Install a three step unit, or go with one of the of the automatic, self leveling steps, that extends and adjusts to the ground height, but adds a third step.

I see your issue and understand the need for the additional step, as I have issues with bad knees, but I'm thinking there is more to this story than your side of it. A local shop could weld up a three step staircase, that looks just like the RV stairs and no one would know the difference. The HOA would be hard pressed to argue that it looks any different than a standard RV step on other coaches in the park.

hohenwald48 · 07-16-2020, 07:30 PM

I assume you're not talking about an RV park which would have different compliance issues than on your deeded property subject to HOA rules.

An HOA must provide "reasonable accommodation" in their rules to allow the disabled to use their own property. It has nothing to do with ADA regulations that apply to the design of buildings open to the public.

If a disabled person wants to build a wheel chair ramp they can. Regardless of HOA rules prohibiting ramps. It a disabled persons needs a particular type of steps to access their RV they can install those steps regardless of HOA rules to the contrary. The HOA may tell you otherwise but they're wrong. If the HOA consults with their attorney their attorney will tell them they're wrong.

I serve on the architectural review board of an RV oriented ownership park with an HOA and we have to make those kinds of exceptions all the time. Once the disabled person is no longer using the property (usually when the property is sold) the non HOA compliant modification will have to be removed.

Talk to the HOA powers that be. Don't threaten them. Don't get belligerent like some on here suggest. Tell them what your understanding of the law is and ask them to consult with their attorney on the matter. Don't listen to the folks on here who want to turn everything into a major confrontation.

Toby Dog · 07-17-2020, 05:22 AM

Apply for a variation with the Board. They almost always grant them. if they don't grant yours then maybe make some noise. More than likely one or more of the board members have special need parents or children.

kcdogger · 07-17-2020, 08:09 AM

Like Lazarus, this thread has risen from the dead. My two cents is obviously an HOA cannot prevent the construction of a ADA compliant handicap ramp. However, they can have architectural control over that ramp. The can likely require it to run parallel to the RV, not at a 90 degree angle into the yard. They can likely limit it to a basic ramp, not a covered porch. The likely have control over colors, materials and other aesthetic issues.
And they have the right to require a ramp does not encroach on the property of others. RV Parks usually have sites that are small. This might be the over-riding issue. Depending upon the park layout and topography construction of the ramp to ADA standards might be impossible without an encroachment on the neighbor's land which obviously would preclude the construction.