Legal Question in Disability Law in California
Ramps at crosswalks in a California HOA
I live an HOA in CA that has private streets and the only crosswalk at in our HOA that goes to the HOA park does not have a ramp access the only ramp access is from across the the street from the park. There is a ramp from the park to the street however to use access it you must go down the street, past another stop sign (approximately 300 feet from the crosswalk. The ramp location does not have a crosswalk or stop sign. The HOA states they do not have to put a ramp at the crosswalk since there is access. Is there any laws in CA covering access to private parks. We are single family homes with no handicap parking at the park either.
1 Answer from Attorneys
Re: Ramps at crosswalks in a California HOA
Generally, a community assoc. may not deny a person with a disability the use and enjoyment of a common area. I am assuming that the park would be considered a common area in your community. This is a very complex question that requires a very complex answer, that of which is hard to do in an email. When you state that the HOA has told you that they don’t need to put in a ramp was this answer the result of a formal request by you or another member? It is not clear from your question. If not, you may wish to consult your communities governing documents (CC&R’s and Bylaws) to determine whether the HOA has a formal process to request a review of a possible reasonable accommodation. You should start with a formal request to review your concerns of reasonable accommodation. Feel free to contact my office via email/ or phone if you wish to engage an Attorney on this matter.
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