Legal Question in Disability Law in New Jersey
Condominiums responsibity for handicapped ramps on common property
Is a condominium complex responsibity to put in any necessary handicapped ramps. I have Mulitiple Sclerosis. I am going into a wheel chair. I own my own condo. The association told me I was responsible to have the paving and or necessary ramps installed at my expense. If I did install the ramp would I be held legally responsible if someone fell on the ramp and got hurt. My condo is 16 years old. Please help me to understand the condos outside responsibility. THe condo unit I live in is on the ground floor with no steps inside. THe only access to my condo is 3 separate and individual steps that will all need a ramp. Thank you
1 Answer from Attorneys
Re: Condominiums responsibity for handicapped ramps on common property
The Fair Housing Act, a federal law applicable to the entire US requires housing providers, including condominium associations, to permit handicapped persons tom make "reasonable modifications of existing premises" if necessary for a handicapped person's "full enjoyment of the premises." Sec. 3604(f)(3)(A). Under this law, you would have to pay the costs but the association could not unreasonably deny you the right to do this.
Some states, including Michigan where I practice, have laws that require housing providers, including condominium associations, to provide "reasonable accomodations" at their expense, provided it does not impose an "undue hardship" on the association, e.g. by being too expensive. Check with an attorney in your state to see if state law may be of any help to you.
You could potentially have some liability to people injured on the ramp you construct. This is governed by the tort laws of your state. Generally, if there is nothing wrong with the ramp, any injuries would not be your fault and you should not have any liability. Check with a local attorney. Additionally, any liability you do have may be covered by your home owner's insurance. Check with your insurance carrier.