Legal Question in Disability Law in California
Saturday 12/26/09
Ladies and Gentlemen:
I have a small condo on the third floor of a building with no elevators. Now I'm unable to climb
to my condo and have to be carried up. I've proposed to pay the full cost for either a "stair glide"
or an elevator and allow others to use it freely. The other owners however object. Three owners
say the stair glide will diminish the value of their property. Another set of owners object to the elevator because it will block light to their frosted-glass front doors.
In my town, Sausalito CA, the city building authorities won't issue a building permit in such a case, or delay it to death.
Do I have any recourse under the ADA or other laws?
Sincerely,
Peter Ritson
1 Answer from Attorneys
Since the condo association is a business, I believe that it cannot discriminate against an individual because of a disability. See Civil Code sections 51, et seq. (those sections that follow it). There are disability rights law firms in the Berkeley and Oakland areas (if not Marin County). You might want to consult with them.
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