ATV - Reasonable Accommodation
Adams Stirling PLC
Menu

ATV - REASONABLE ACCOMMODATION

Reasonable accommodation requirements for homeowner associations is an evolving matter in the courts. A handicapped owner in an association in Florida wanted to use an all terrain vehicle (ATV) on the association's private roads and trails. The association declined because it believed it would be unsafe both for the individual and for other residents. The owner sued and lost. He appealed and lost.

Danger to Self and Others. The court recognized that an ATV would make it easier for the plaintiff to travel on the association's roads since it was impractical for him to use his wheelchair for this purpose. However, the record showed that the benefit to plaintiff was substantially outweighed by the danger the ATV would present to plaintiff as well as others in the community. Accordingly, the association's denial of the ATV request was not a violation of the Federal Fair Housing Act. (see Scoggins v. Lee's Crossing HOA.)

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.
 

Adams Stirling PLC