Legal Question in Civil Rights Law in North Carolina

I'm on a HOA, we have a older resident that wants a key to the clubhouse just to use the bathroom when he walks. We tabled giving keys to all residents, however, he keeps sending letters tells us first we are violating diablity rights and now this last letter we are violating his civil rights. This is a private owned clubhouse for the residents. Can he sues us for anything and can he continue senting letters to each member every month since we have tabled this matter for the lack of money to get keys and security system. We have called the ADA they told us it is a private clubhouse no violation there, but for the civil liberties that is the other question. Thanks

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Asked on 4/04/13, 9:01 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

I don't really see the disability violation. It would be a disability violation if you allowed access to others and not him. As to the use of the clubhouse. Your policies must be very clear as to why the residents don't have access to the clubhouse. As it is private it is in part owned by each of the homeowners as members of the HOA and is thus a common area that should be for their use. If he did decide to sue, you want to make sure that your by laws and covenants are clear as to why keys are not given out to residents and how a resident can get access to the home.

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Answered on 4/05/13, 7:29 am


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