Can HOA Deny My Wheelchair Ramp?
By Darrell Foster of Keystone Accessibility
If you or a loved one needs a wheelchair ramp to access your home, you might be wondering: "Can my HOA deny my request for a wheelchair ramp?" This is a common concern for people living in HOA communities living in Pennsylvania and Maryland. The good news is that there are laws that protect your right to access your home safely. Let's dive into how the Fair Housing Act (FHA) applies and what your options are if your HOA is pushing back.
Understanding Your Rights Under the Fair Housing Act
The Fair Housing Act (FHA) is a federal law that makes it illegal for homeowners associations (HOAs), property owners, or landlords to discriminate against people with disabilities. This means that HOAs are generally required to allow reasonable modifications—like installing a wheelchair ramp—to ensure that individuals with disabilities can enjoy their homes just like anyone else.
Reasonable Modifications vs. Reasonable Accommodations
When it comes to the FHA, it’s important to know the difference between reasonable modifications and reasonable accommodations:
Reasonable Modifications are physical changes to your home or community, such as installing a wheelchair ramp or widening a doorway. These changes are typically paid for by the homeowner.
Reasonable Accommodations involve changes to rules, policies, or practices, like allowing someone to have an assistance animal in a no-pets building.
A wheelchair ramp falls under the category of reasonable modification, and under the FHA, HOAs cannot deny a reasonable request unless it poses an undue financial or administrative burden or fundamentally alters the community.
When Can an HOA Deny a Wheelchair Ramp Request?
In most cases, an HOA cannot deny a request for a wheelchair ramp if it is a reasonable modification that enables you or a loved one to safely access your home. However, there are certain circumstances under which an HOA may deny the request, such as:
Undue Burden: If the installation of the ramp would be too costly or difficult for the HOA to accommodate.
Fundamental Alteration: If the request would drastically change the nature or function of the community, the HOA may have grounds to deny it.
That said, even if an HOA finds a particular request to be burdensome, they are encouraged to work with you to find a suitable compromise that meets your needs.
How to Request a Wheelchair Ramp From Your HOA
If you need to install a wheelchair ramp in Pennsylvania or Maryland, here are some steps you can take to make the process smoother:
Submit a Formal Request: Write a formal letter to your HOA explaining why you need the ramp. Be clear about how the modification will help you or your loved one access the home safely.
Provide Documentation: If your disability isn’t obvious, you may need to provide a note from your doctor or other supporting documents to confirm your need for the ramp.
Work With Your HOA: HOAs are required to engage in an interactive process with you. This means they should discuss the request with you, consider your needs, and try to find a solution that works for everyone.
Suggest Reasonable Alternatives: If your HOA has concerns, try to be flexible. For example, you could propose different ramp designs or locations that might be more agreeable to the HOA.
Can an HOA Ask Me to Remove the Ramp?
Once a wheelchair ramp is installed as a reasonable modification, the HOA cannot ask you to remove it while you are still using it and living in the home. However, if you sell your home, the new owners might be required to remove the ramp if it is no longer needed.
FAQs About Wheelchair Ramps
Where can I buy a wheelchair ramp?
You can purchase a wheelchair ramp in Pennsylvania and Maryland from accessibility companies like Keystone Accessibility, which offers a variety of ramps for different needs. We can help you select the right ramp and ensure it’s installed properly.
How do I know if I need a vertical platform lift or a ramp?
If you have a significant elevation to overcome (such as more than a few steps), a vertical platform lift may be a better solution than a long ramp. At Keystone Accessibility, we can help evaluate your home and recommend the best option for your specific needs.
Can I install a wheelchair ramp on a shared entrance?
Yes, under the FHA, modifications to shared spaces are also protected. However, it’s important to work with your HOA to find a design that works for everyone and does not impede others from using the space.
Where can I get a wheelchair ramp installed?
Keystone Accessibility provides professional wheelchair ramp installations in Central Pennsylvania and surrounding areas. We’ll ensure your ramp is safe, durable, and compliant with local regulations.
Will my HOA pay for the wheelchair ramp?
Typically, homeowners are responsible for the cost of reasonable modifications like wheelchair ramps. However, the HOA must approve the request unless it poses an undue burden. At Keystone Accessibility, we also offer financing options to assist.
Are there different types of wheelchair ramps available?
Yes! There are various types of ramps, including portable ramps, threshold ramps, and modular ramps that can be customized to fit your specific needs. Keystone Accessibility offers a range of options to ensure the ramp fits both your home and your lifestyle.
How Keystone Accessibility Can Help
At Keystone Accessibility, we understand how important it is for you to have safe access to your home. We’re here to help you navigate the process with your HOA, from making the request to installing the ramp. We offer a variety of wheelchair ramps, vertical platform lifts, and stairlifts to help make your home as accessible as possible.
If you need assistance or have questions about getting a wheelchair ramp approved by your HOA, contact us today. We’ll guide you through every step of the process and help you achieve the independence and safety you deserve.
Contact us today for a free consultation and let us help make your home more accessible!
