Question:
A Resident installed a cement wheelchair ramp outside their door to the driveway. It is 12 feet long and the highest point is 32 inches. They are refusing to add handrails.
Few questions.
1. Would that be considered part of the porch and be under the limited common space or common space?
2.Wouldn’t the ramp still be consider something the HOA could potentially be sued for if an injury were to occur or would it fall under the homeowner insurance?
3. Does the HOA board have the right to demand handrails to comply with a safe environment? Can the HOA board add monthly fines of $100 if the homeowner doesn’t comply?
– Gina
Answer:
Hi Gina,
Whether or not the ramp is located in a common space depends on your governing documents, specifically your community plat and the CC&Rs. If it is on a homeowner’s private property, they are generally responsible for the ramp, which would make it fall under homeowners insurance. Your HOA may be able to require handrails if it is part of your architectural standards. You may also want to check out residential building codes in your local area. For further guidance, consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
