Disability & Accessibility

Your strongest rights under the Fair Housing Act — and the most commonly violated

Disability is the one protected class that puts affirmative duties on your HOA. It must make reasonable exceptions to its rules — for an assistance animal, an accessible parking space, a ramp — when you need them because of a disability. These are powerful rights, and also the ones associations most often get wrong. Here is what the law actually requires, and what your HOA may not demand of you.

Grounded in the federal Fair Housing Act (42 U.S.C. § 3604(f), § 3617) and HUD Notice FHEO-2020-01. Informational only — not legal advice.

Assistance & Service Animals

This is the most common — and most commonly mishandled — disability accommodation in an HOA. An assistance animal is not a pet, and the law sharply limits what your association may ask you to prove.

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Accessible & Handicap Parking

A parking space close to your home can be a reasonable accommodation the HOA must provide — and where common-area parking is required to be accessible, the association can be cited by the city for missing markings and signage.

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Reasonable Accommodations & Modifications

Disability is the one protected class that imposes affirmative duties on an HOA — not just a duty to avoid unequal treatment. There are two tools: a change to a rule (accommodation) and a change to the physical space (modification).

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How to Request an Accommodation

Most disputes are won or lost on the paper trail. Here is how to make a request that is hard to ignore — and what to do if the HOA stalls, denies, or retaliates.

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