Published on: March 13, 2013
Over the past few years we have seen an increase in the number of requests for reasonable accommodations/modifications by residents with disabilities. The most common requests are for emotional support or service animals; however, the requests can be for just about anything, so long as it is related to the resident’s disability and necessary for that individual. When presented with a request for a reasonable accommodation/modification, condominium boards must handle each request on a case-by-case basis, and in a fair and uniform process. While boards are entitled to ask for certain information to verify the legitimacy of the request, there is a limitation on the information boards may request. Serious pitfalls await a board that does not handle a request for a reasonable accommodation in the appropriate manner.
Based on our firms experience in reviewing requests submitted to Boards and representing condominium associations before state agencies tasked with hearing discrimination claims, we have developed a Reasonable Accommodation Resolution. The goal of this Resolution is to put in place a uniform procedure for all such requests. The Resolution outlines what information a resident must submit to the Board if he/she needs an accommodation/modification, and the process by which the request will be handled by the Board. We recommend that Boards adopt a Resolution with a clear procedure that applies to all residents.
Recognizing that requests for reasonable accommodations are not unique to particular condominium associations, and the process for handling them is relatively uniform throughout the condominium world, we are pleased to offer this new Reasonable Accommodation Resolution to clients for a flat fee, rather than the higher cost of drafting each Resolution from scratch.