There are a number of disability discrimination laws on the federal and state level. Not all of them apply to homeowners associations. Following is a list of disability laws:
Americans with Disabilities Act (ADA). Federal laws that that generally do not apply to homeowner associations. Independent Housing Services of San Francisco v. Fillmore Center Associates 840 F.Supp. 1328.
Federal Fair Housing Act (FFHA), 42 U.S.C. §3601 et seq. Applies to HOAs and requires reasonable accommodations in rules and policies to allow the disabled to use and enjoy their dwellings. Reasonableness is determined by weighing the benefit of the accommodation against the burden on the association. Claims under FFHA must be made within two years of incident of alleged discrimination. (Telesca v. The Village of Kings Creek Condominium Association, Inc., No. 09-13910, U.S. App. Ct., 11th Cir., Aug. 2, 2010.)
Fair Employment and Housing Act (FEHA), Government Code §§12900-12996. California law that applies to homeowners associations. FEHA requires reasonable modification of an association's rules and policies to allow a disabled person equal opportunity to use and enjoy the premises.
Unruh Civil Rights Act, California Civil Code §51. Applies to homeowners associations (O'Connor v. Village Green) but does not require alteration of the common areas to accommodate special needs.
Davis-Stirling Act, Civil Code §1360. California law that apples to homeowners associations. It allows owners to make alterations to the common areas at their own expense to accommodate their disabilities.
RECOMMENDATION: Boards should immediately consult legal counsel whenever there is a claim that the association may be in violation of any anti-discrimination laws.