Legal Question in Disability Law in California

Rights of a disabled resident in a community w/ CCRs

I am a disabled veteran. My primary vehicle is a 22' motorhome. The homeowners assoc will not allow me to park on the street in front of my home, nor on any public street which is in view of any resident in the HOA, even in front of the public, city park.

I have a handicap parking tag, and can park close to stores, but can't park close to my own home!

Must the HOA make 'reasonable accomodations' for my disability? Should i retain a ADA attorney or a Fair Housing Attorney?

My neighbors haven't complained about the motorhome, it is strictly the HOA board of directors harassing me.


Asked on 11/28/00, 8:27 pm

2 Answers from Attorneys
John Ferry Law Offices of John C. Ferry

Re: Rights of a disabled resident in a community w/ CCRs

There is an excellent chance that you have a valid claim for violation of the Fair Employment and Housing Act. Since a party must have what is called a 'Right-to-Sue' letter from the Department before a lawsuit can be filed, you should file a complaint -- sometimes called a 'charge' with your local office of the DFEH. They have an 800 number, depending on where you are calling from. They will probably be able to assist you by sending a letter to the Board. If not, they will issue you a right to sue letter. Good luck.

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Answered on 12/04/00, 4:05 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Rights of a disabled resident in a community w/ CCRs

Based upon the facts you articulated it seems that you have a valid claim. I would need to review the CC&R's however I would file a claim with the Fair Housing and Employment Department to see if they can help. I have handled many cases against Home Owners Associations and have won every one!! Usually it takes you and your attorney attending a homeowners association meeting and threatening to sue to get them to back down!! If you are located in Southern California I would recommend giving me a call for a free telephone consultation at 818-342-8020 x1

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Answered on 12/04/00, 6:09 pm


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