Legal Question in Disability Law in Florida

I live in a Condo. All areas of access have been made handicap accessible: condos, swimming pool, meeting room, barbeque and picnic area, every area except for the US mailboxes.

The mailboxes are on a standalone island with a curb that is six inches high. That height is not negotiable for my wheelchair and it is very painful for me if I have a day in which I try to use my cane.

I have asked the President of the Association and the other two Board Members to have this issue dealt with so that I am able to access all areas. I have been told by the Board President who lives in another state and is at this location occasionally, that he will discuss it with the other two board members. I have learned in the meantime that he has contacted a lawyer.

Is there Federal/Florida State Law regarding this issue?


Asked on 4/27/10, 3:50 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

Yes, Federal Law address ADA issues in General. Florida Building Code Chapter 11 addresses accessibility for buildings built after 1997 and buildings that undergo renovation in the State of Florida. I would recommend you speak with an ADA attorney as well so you can provide them with the necessary information such as when your building was built and has it undergone any improvements. You can also make a claim with the department of justice thru their website at www.ada.gov. They do not go after monetary damages on your behalf but they will enforce modifications at the mailbox if necessary. Lastly if you did need to hire an attorney, it is important to note if you win, your attorney's fees will be paid by the condo association. The difference with going with any attorney vs. department of justice is we will go after monetary damages as well as modifications to the architectural barrier created by the curb at the mailboxes.

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Answered on 5/02/10, 7:29 pm


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