Question:
Covenants in my HOA prescribe the incorporation of 32-36” of steps up to the front door. There are already some exceptions to this rule present among homes built. I am interested in building a sloped ADA entry for my new home to be free from steps. Will “reasonable accommodations” allow me justification to do so?
– Ed
Answer:
Hi Ed,
In Georgia, the concept of “reasonable accommodations” under the Fair Housing Act may apply in your situation, especially if you have a disability or mobility issue that requires a sloped, step-free entry to your home. The Fair Housing Act requires housing providers, including HOAs, to make reasonable accommodations in rules, policies, practices, or services when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.
If the HOA’s covenants mandate steps up to the front door but you can demonstrate a need for an accessible entry due to a disability, the HOA may be required to grant a reasonable accommodation to allow a sloped ADA-compliant entry instead of steps. While there are existing exceptions to the rule for other homes, your case would likely be evaluated on its own merits, based on your specific needs.
To pursue this, you should formally request the accommodation in writing, explaining the reason for the modification and how it relates to your need for accessibility.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
