Question:
Are there any state or federal laws to protect a disabled adult?
Our small community has a person that has caused problems for 28 years. We are next on his hit list. Literally. Over two years ago, we replaced our Clay Terra Cotta roof because of hail damage and straight line wind leaks. During the COVID pandemic and supply shortages.
We decided to update with a black seamless steel roof on top of white painted stucco. Modern vs Mediterranean. The safety of our special needs daughter was foremost on our minds during this replacement. We are a neighborhood of doctors, lawyers and prominent business owners.
They all love our updates. We did
go through all the legal avenues to make the change but they could not approve because they were being individually sued by this one person. Two years later he has noticed our roof and has started asking for all the paperwork. My neighbor across the street mentioned that if he brings suit on us, he will be fighting a federal case because of our daughters disabilities. She is deaf and has other challenges.
I would like to know if you are aware of this happening to anyone else in our situation?
– Julie
Answer:
Hi Julie,
The federal Fair Housing Act and Americans With Disabilities Act are two of the foremost laws that protect persons with disabilities. Texas also has its own fair housing laws. If your roof is part of a reasonable accommodation for your daughter, the HOA should not prohibit it. That said, it is normal to still go through the proper procedures and paperwork when making an architectural change if you live in an HOA. It is best to seek further advice from a lawyer at this point.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
