Navigating Fair Housing and Disability Accommodations

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It's time for AMG's 2025 Community Leaders Series – Podcast Edition.

For more than four decades, AMG has worked to make the role of community leaders more effective — and less of a headache.

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Each seminar topic in this series responds directly to the requests of AMG's Executive Board members, helping associations across the Carolinas become stronger, safer, and better informed.

And now, here's your host.

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Hello, everyone. Association Management Group, or AMG, welcomes you to this informational video.

This is part of the AMG Community Leaders Series, a set of resource information designed to help support community leaders like you. Remember, this series should be combined with other sources you deem reliable, as well as your own good judgment.

Today, we're discussing a very important topic: navigating fair housing laws and requests for accommodations under the Americans with Disabilities Act, or ADA, in the context of homeowners associations and community associations. This video is designed as a broad overview to help board members and directors understand the basics and, most importantly, know when to seek professional help.

First and foremost, let me be clear: This presentation is for educational purposes only. It is not legal advice, and nothing in this video should be construed as such. Laws can vary by state and situation, and they change over time. Always consult with your association's attorney for guidance specific to your community. AMG does not provide legal counsel, and we're sharing this information to promote awareness without creating any liability for ourselves or you.

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 Now, let's dive in.

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The primary theme of this video is simple: These matters are complex and carry significant risks. As lay leaders—volunteers serving on your HOA or community association board—you should not try to handle them on your own. On one hand, agreeing to an accommodation that's not authorized by law could violate your community's covenants, conditions, and restrictions, or CC&Rs, potentially leading to disputes with other owners or even legal challenges. On the other hand, denying a request that's required by federal law could expose the association to complaints, investigations, lawsuits, and costs ranging from tens to hundreds of thousands of dollars in fines, legal fees, and settlements. It's a delicate balance, and getting it wrong can be costly. That's why the most conservative and safest approach is to rely on your attorneys and legal counsel every step of the way.

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 Let's start with the basics.

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The Fair Housing Act, or FHA, is a federal law that prohibits discrimination in housing based on several protected categories, including disability. It applies to community associations like HOAs, condos, and co-ops.

Under the FHA, individuals with disabilities have the right to request "reasonable accommodations" to rules, policies, or services, or "reasonable modifications" to physical structures, to allow them equal use and enjoyment of their home and common areas.

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What's a disability under the law? It's a physical or mental impairment that substantially limits one or more major life activities. This could include mobility issues, vision or hearing impairments, mental health conditions, or chronic illnesses. But remember, you as board members should never try to diagnose or question the specifics of someone's disability—that's not your role.

Common examples include requests for assistance animals. Many associations have pet restrictions in their covenants, but under the FHA, assistance animals aren't considered pets; they're a necessary accommodation for disabilities. This might mean allowing a dog in a no-pet building if it's needed for emotional support or service tasks. However, the association can ask for reliable documentation if the need isn't obvious, linking the animal to the disability without revealing medical details.

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Another example is Physical modifications, like installing a ramp for wheelchair access or grab bars in a bathroom. If it's in a common area, it might be an accommodation the association has to allow and possibly pay for if reasonable. If it's inside a unit, it could be a modification the owner pays for but needs approval on.

The Americans with Disabilities Act, or ADA, overlaps here but mainly applies to public accommodations. In associations, it might come into play for clubhouses or pools that are open to the public. Again, complexities abound—does your pool count as public? Always consult with your lawyer.

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 Let's talk about evaluating requests

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Why is this so tricky? Because every request is fact-specific. What's "reasonable" depends on factors like the cost, the impact on the community, whether it fundamentally alters the association's operations, and if it complies with your governing documents. For instance, approving a ramp might be fine, but if it blocks a fire lane or violates building codes, it could be denied. Denying it without proper review, though, risks a Fair Housing complaint to HUD; the US Department of Housing and Urban Development—or a lawsuit.

From industry sources like the Community Associations Institute at CAIonline.org, the guidance is consistent: Boards must take these requests seriously but proceed cautiously. CAI emphasizes that associations should have policies in place for handling accommodation requests, but always involve legal counsel to evaluate them. They warn against knee-jerk denials or approvals, as misuse of fair housing laws—like fraudulent emotional support animal claims, can occur, but verifying that requires careful, attorney-guided steps.

Similarly, resources from association management professionals, such as those found on sites like amgworld.com and other reliable industry outlets like HOAresources or foundation.caionline.org; emphasize training for boards. Hold regular sessions on FHA compliance, but remember, even trained volunteers aren't lawyers; always consult your attorney.

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The conservative approach is as follows: Document the request in writing, acknowledge it promptly to avoid claims of delay, and immediately forward it to your attorney.

AMG recommends that all communications be handled by legal counsel to avoid unintentionally requesting information which the association is not authorized to request. Your attorney serves in the role of a fact-gatherer and advisor to the community leaders or board, helping to collect necessary details without overstepping legal boundaries.

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Here's a step-by-step outline of a safe process—but again, this is general; tailor it with your counsel:

Receive the request: Ask the resident to submit it in writing, including what they're asking for and why it's needed (without demanding medical records unless advised by counsel).

Acknowledge: Respond quickly in writing that the board has received it and is reviewing with professionals.

Consult experts: Send it to your attorney right away. They might recommend consulting an engineer for modifications or a fair housing specialist.

Evaluate: Your lawyer will help assess if the disability qualifies, if the accommodation is necessary and reasonable, and if it conflicts with covenants.

Decide and communicate: Based on legal advice, approve, deny, or propose alternatives. Document everything.

If denied, your attorney should in general terms explain, and inform the requester of their rights.

Never engage in discussions about the person's medical condition—that could violate privacy laws like HIPAA or lead to discrimination claims. Avoid self-engagement; don't debate or negotiate directly. Let your attorney handle communications if things escalate.

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Risks are real. Denying a valid request could lead to HUD investigations, where the association might have to pay damages, attorney's fees, and undergo monitoring. Granting something that violates covenants might prompt lawsuits from other owners claiming the board breached its fiduciary duty. In extreme cases, personal liability for directors could arise if they act recklessly, though insurance often covers that—check your policy. Relying on trained experts is a volunteer's best path to make sure the results are compliant with the law and to help insulate him or herself and their community from potential liability.

To minimize risks, adopt best practices from CAI and similar sources:

• Update your governing documents to include fair housing compliance language, but only with legal review.

• Train all board members and staff annually on these topics.

• Foster an inclusive community culture to prevent issues.

• Consider an annual fair housing policy reviewed by counsel.

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In conclusion, fair housing and disability accommodations are vital for equitable communities, but they're fraught with legal pitfalls. As board members, your role is governance, not legal interpretation. The most conservative industry approach is clear: Avoid direct involvement or debate with the requester—let your legal counsel guide all communications. Rely on your attorneys and legal counsel to navigate these situations. It's too complicated for lay leaders to give the correct answer every time, and the stakes are high.

Thank you for watching. If you have questions about this video, contact your AMG management team—but for specific advice, always turn to your attorney. Stay informed, stay cautious, and keep building strong communities.

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Thanks for listening to AMG's 2025 Community Leaders Series Podcast Edition. To find out more information on this episode, please visit HOACommunityleaders.com.

This podcast is a production of Association Management Group.

All rights reserved.

• Fair housing and ADA accommodation requests are legally complex and high-risk, and a single misstep can expose an association to significant financial and legal consequences.

• Because board members are volunteers and not legal experts, they should never evaluate, approve, deny, or negotiate accommodation requests without the guidance of legal counsel.

• A consistent, well-documented, attorney-led process is the safest way to protect residents’ rights while minimizing liability for the association and its directors.