Reasonable Accommodation
A change, exception, or adjustment to a rule, policy, practice, or service that allows a person with a disability to have equal opportunity to use and enjoy their dwelling and the common areas. Examples include allowing a service animal in a no-pets community, providing a reserved accessible parking space, or permitting a ramp installation. HOAs must grant reasonable accommodations unless doing so would impose an undue financial or administrative burden or fundamentally alter the community.
Example in Context
The board approved a reasonable accommodation request to waive the no-pets rule for a resident whose therapist documented that an emotional support animal was necessary for their mental health treatment.
Frequently Asked Questions
Can an HOA deny a reasonable accommodation request?
An HOA may deny a request only if it would impose an undue financial or administrative burden on the association or fundamentally alter the nature of the community. The association should engage in an interactive process with the resident to explore alternative accommodations before denying any request.
Does the homeowner need to disclose their specific disability?
No. The homeowner does not need to disclose the specific diagnosis. They only need to establish that they have a disability and that the requested accommodation is necessary for equal use and enjoyment of the dwelling. A letter from a healthcare provider confirming the disability-related need is typically sufficient.