Legal Question in Disability Law in California

Disabled Boy Denied Access by Homeowners Association
A 13-year-old boy is being denied handicapped-accessible entry to his home by the HOA of the townhome complex where he lives with his family. The HOA's tree roots have caused damage to the common area alongside the unit where the ramp (already approved by the City of Ventura) would be built, and have cracked the foundation, causing further damage as well as an entryway for subterranean termites. The boy's father offered to have the roots removed at his own expense, but was refused. The father is given parking violations when he parks the handicapped-accessible van in front of the garage to carry the boy inside to bed. One Board member was overheard by a witness willing to testify saying that the Board planned to give the family so many parking tickets (the fines are applied to monthly dues), that the family would be forced to move from the complex. Board members'associates have threatened the boy's father. Random acts such as slashed tires, damage to vehicles (including sugar being placed in the gas tank of the handicapped-accessible van), toothpicks jammed into door locks, dead animals placed on the property, etc. The father would like to file in Los Angeles Federal Court, and would greatly appreciate a response. Thank you.

Asked on 8/06/04, 7:00 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: Disabled Boy Denied Access by Homeowners Association

I am sure you will be able to find a local attorney there in Ventura County to take the case. California Civil Code Section 51 and especially 51.7 (www.leginfo.ca.gov) is a good place to start your research. You are probably better off in state court because the federal ADA provides limited remedies compared to California state law (which, among other things, provides for attorney fees). But the attorney you retain will be in a better position to advise you. Good luck and please do write back if you need more.

Answered on 8/09/04, 10:25 pm

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