If you have a disability, your HOA or condominium association has to work with you. Under the federal Fair Housing Act and the Arizona Fair Housing Act, an association must grant a reasonable accommodation — a change to a rule or policy — or allow a reasonable modification — a physical change — when you need it because of a disability. Here is how that works, and how to ask.
Accommodation vs. modification — what’s the difference?
They sound alike, but the law treats them differently:
- Reasonable accommodation is a change to a rule, policy, practice, or service. Classic examples: keeping an assistance or service animal despite a “no pets” rule; a reserved accessible parking space near your unit; a variance from a fence, landscaping, or architectural rule so you can use medical equipment or access your home. This right comes from the federal Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B).
- Reasonable modification is a physical change to your unit or a common area — a ramp, grab bars, a widened doorway, or repairing unsafe stairs so they’re accessible. The association must permit the change. Who pays depends on whether the work is on your own property or a common element. This right comes from 42 U.S.C. § 3604(f)(3)(A).
Both are also protected under Arizona law, A.R.S. § 41-1491.19, which mirrors the federal Fair Housing Act.
You do not have to reveal your diagnosis
This trips up a lot of homeowners. To get an accommodation or modification, you have to show two things: that you (or a household member) have a disability, and that there is a disability-related need for what you’re asking — a “nexus” between the need and the request. You do not have to disclose the nature or severity of your diagnosis, and the association generally cannot demand your medical records. If your disability or need isn’t obvious, the association may ask for reliable verification of the need from a professional — but that’s it.
Put it in writing
Make your request in writing so there’s a record. A good request:
- Identifies that you (or a household member) are a person with a disability under the Fair Housing Act;
- Describes the disability-related need in general terms (no diagnosis required);
- States exactly what you’re asking for; and
- Offers verification if the need isn’t obvious, and asks the association to respond in writing.
Our free Reasonable Accommodation & Modification Letter generator builds this letter for you, with the nexus, verification, and interactive-process language already written — nothing is saved or sent, and you can print it, copy it, or email it straight to your board.
The interactive process
The association can’t just say “no.” If it thinks your specific request is unreasonable, it’s supposed to engage in an interactive process — talk with you and offer an alternative that meets the same need. A blanket denial, ignoring your request, or dragging it out can itself violate fair-housing law.
If your HOA denies or ignores your request
You have real remedies, and they don’t cost anything to start:
- File a HUD complaint. The U.S. Department of Housing and Urban Development enforces the Fair Housing Act against HOAs and condos. You generally have one year from the act to file, there is no fee, and you can file online (HUD Form 903) at hud.gov.
- File with the Arizona Attorney General’s Civil Rights Division under A.R.S. § 41-1491.19.
- Keep copies of your written request and any response — a records request can help you document what the board actually decided.