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Old 07-25-2011, 08:54 PM   #1
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RV steps in accordance with ada

can a deeded lot rv park tell you that you cannot have specific steps on your motorhome when your doctor has said you cannot climb certain height steps - does this go against ada?
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Old 07-25-2011, 09:01 PM   #2
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Hmmm.. Good question. The ADA overrules state, county and city laws when applied to commercial property accommodation. But you're dealing with a private entity at a RV Park. You need to contact a lawyer versed in ADA laws rather than asking personal opinions on a web site.
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Old 07-25-2011, 09:09 PM   #3
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can a deeded lot rv park tell you that you cannot have specific steps on your motorhome when your doctor has said you cannot climb certain height steps - does this go against ada?
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.

That's just my opinion.
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Old 07-25-2011, 09:23 PM   #4
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The issue on the parks side is there is a stipulation in the ADA that says they must make "reasonable accommodation" what this means is that the local mom and pop shop doesn't have to retro fit their establishment for one handicapped person because is not feasibly practicable.

I don't see how they can exclude certain type or design of steps unless is is unreasonable in the cost for them to make the modification.
If you are paying and it's your property not sure how they could win that one.
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Old 07-25-2011, 10:32 PM   #5
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I don't see how they can exclude certain type or design of steps unless is is unreasonable in the cost for them to make the modification.
If you are paying and it's your property not sure how they could win that one.
No kidding. If I'm reading this correctly, the OP needs to have some special steps/ramp that the OP will pay for to access the OP's motor home and the park is claiming it violates their aesthetics policies??? I'm no lawyer but I have stayed at a Holiday Inn Express and if this doesn't violate the ADA.... well, it should.

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Old 07-26-2011, 07:47 AM   #6
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When you purchase a deeded lot in an Rv park, you sign an agreement to abide with the bylaws. If the steps violate those by laws, it perfectly legal. That deeded lot is not public property so ADA does not apply. If ADA was involved, every home with one person somewhat handicapped would be required by law to have ramps.

I am one that believes that a mans home should be his castle, and he should be able to do anything he wants, but when you sign those rights away, well
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Old 07-26-2011, 10:01 AM   #7
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Well.. I am reminded of the old line "you get what you pay for"

You need legal advice, GOOD, Expert Legal advice.

And with one slight exception I'm not qualified to give that kind of advice.

That exception: Consult an expert... In this case you might check with the AARP or any disabled association for an ADA type lawyer in your area.

Best I can do for you, also, legally, the only I can do for you.
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Old 07-26-2011, 04:56 PM   #8
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Got to go with the crowd on getting a lawyer or possibly the local media? Everyone loves a good story but not prepared for the aftershocks. That said I have a friend that lives in a gated community and they needed a wheelchair ramp installed due to poor health. Community bylaws said No, he simply called the local paper and asked if they would like to be a guest at his new house and also mentioned it to the community board members that a reporter was coming for lunch, too bad they will see my poor wife and the difficulty she has getting out of the chair and then up the stairs. Amazingly they were approved to install the ramp. Reporter never even came for lunch.
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Old 07-26-2011, 05:39 PM   #9
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Maybe you can compromise on a design, the lawyer will be the only winner. You can hire a lawyer they can hire one and pass the buck back to you and the other lot owner in the maintenance fees.
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Old 07-26-2011, 05:51 PM   #10
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Lay on the ground at the foot of your steps and scream bloody murder that you fell trying to get up them... If it doesn't work first time.... call an ambulance to have them carry you up the steps.. do this a couple time.. They'll fold.
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Old 07-26-2011, 06:15 PM   #11
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Contact your local ADA office and see what they say.

Ken
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Old 07-27-2011, 11:07 AM   #12
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I will repeat my advice with clairfication.

To the persons who speak of HIRING a lawyer, I did not say that

I said CONSULT,, On time, in his office, No court, THEN you can make up your mind.

Usually that consult will run you less than fifty bucks.

You may, or may not, decide to hire him.. If you do this thread ends (under forum rules) but I'm not advising that.. I'm only advising that a professional ADA lawyer can give you advice far better than anything I (or anyone else here) can give unless that person is an ADA lawyer who lives or works near where you are talking about.

When you hire one to do more than talk to YOU.. yes, it does get expensive.
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Old 07-27-2011, 02:38 PM   #13
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ADA Enforcement

When ADA was enacted as the 'law of the land', there was no enforcement agency as part of the law, and there is still no federal agency to enforce ADA.
ADA has been adopted by states, counties and cities building inspection departments for design and enforcement for all building - both PRIVATE and PUBLIC. Building Codes are used to enforce ADA.
However, in existing buildings the enforcement is left to the legal system. Someone must bring suit to remedy a lack of access. Some individuals, especially in California, bring hundreds of suits annually for not providing them access to certain facilities.
Does your RV lot require building permits for construction? If so your local building inspection department will assist you to insure your construction of a ramp complies with current ADA regulations.
ADA insures that you have access to all facilities, public and private. If someone, or a group denies your access, you may have to seek legal counsel, but you will WIN! It's the law!
Good Luck
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Old 07-27-2011, 04:46 PM   #14
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Quote:
Originally Posted by wa8yxm
I will repeat my advice with clairfication.

To the persons who speak of HIRING a lawyer, I did not say that

I said CONSULT,, On time, in his office, No court, THEN you can make up your mind.

Usually that consult will run you less than fifty bucks.

You may, or may not, decide to hire him.. If you do this thread ends (under forum rules) but I'm not advising that.. I'm only advising that a professional ADA lawyer can give you advice far better than anything I (or anyone else here) can give unless that person is an ADA lawyer who lives or works near where you are talking about.

When you hire one to do more than talk to YOU.. yes, it does get expensive.
Good advice, consult a lawyer.
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