She Tried To Add a Ramp for Her Wheelchair-Bound Mother-in-Law. The HOA Rejected It as ‘Unsightly’

If you live in a house without a homeowners association (HOA), making accessibility changes—like adding a ramp or widening your walkway—is generally simple. You schedule the work and get it done. But if you live in a home or condo with an HOA, things can be trickier.

A California couple on Reddit shared their story, seeking legal advice after they attempted to add a ramp outside of their for the husband’s disabled mother. The woman had recently had a stroke and in order to care for her, the homeowners asked their HOA for approval to include the ramp at their front entrance. 

The HOA refused.

“We got a letter left on our door yesterday, saying that they are denying this and that we must install the ramp in the backyard, basically saying it will be unsightly to have a ramp in the front yard and it will lessen property values,” the homeowner shared. 

Her question to the forum was simple: Is this even legal? The answer is a bit more complicated.

How the Fair Housing Act applies to HOAs

“The Fair Housing Act explicitly requires housing providers, including homeowners associations, to allow ‘reasonable modifications’ and ‘reasonable accommodations’ for persons with disabilities,” says Chad D. Cummings, an attorney and CPA at Cummings & Cummings Law, which serves clients in both Florida and Texas.

David Cohen, a lawyer and legal expert at Cohen Law Firm in Dallas, adds that the example of a wheelchair-bound homeowner who requests a ramp be installed to the front entrance of their property cannot be denied on "the basis that it alters the exterior appearance of the property.”

Cohen defines reasonable modifications as “physical changes to a property which allow a person with a disability to get into and use his or her residence.” He gives examples such as: putting in a wheelchair ramp, widening doorways, remodeling a bathroom with grab bars, or installing a stair lift.

And yet, Cummings says he’s seen many HOAs “stonewall” reasonable modification requests under the guise of “aesthetic uniformity,” forcing residents to take legal action to fulfill even simple requests.

Cummings adds that courts have found that exterior ramps, 36-inch walkways, and widened 32-inch doorways are generally reasonable requests.

But he notes that not all modifications are considered reasonable, like those that present a major structural hazard, those that would constitute a safety risk, or those that might impose an undue financial strain on the HOA.

For example, requesting to remove a popular community swimming pool to create a more convenient parking area for just one unit would be considered unreasonable.

"Things need to be reasonable in comparison to the needs of the individual but not significantly altering the housing community,” Cohen says.

Submitting requests

Cohen says most HOAs require formal request forms, but a well-crafted letter will suffice for others. These requests usually include a description of the desired change and any supporting documentation, such as a doctor's note or occupational therapist assessment. He adds that a well-prepared resident might include a diagram or contractor quote.

Casey Gaddy, a senior agent at Keller Williams Empower, based in Philadelphia, says he’s often seen HOAs request complete medical records, but under the U.S. Department of Housing and Urban Development (HUD) regulations, a homeowner only needs to include a doctor’s note.

“You are not required to disclose the nature of your disability or provide any medical records or diagnosis,” he says.

But there is one thing homeowners should include: the date.

“A dated request triggers the HOA’s duty to engage in an ‘interactive process,’ and silence or delay can itself establish liability,” Cummings says.

Once your request is submitted, Gaddy advises residents to keep everything documented.

“This ensures you have a clear record if delays or disputes arise,” he says.

Cohen adds that these requests are important and should be done with care.

“Proper documentation creates a legal record, which makes the HOA take the request seriously according to FHA guidelines rather than dismissing it lightly,” Cohen explains.

What HOAs can regulate—and what they can’t

Gaddy says HOAs have some power: They can require work is done with proper permits and by licensed/insured contractors, they can ensure safety and code compliance, and they can police reasonable aesthetic measures that don’t limit access.

Other times, accommodations may require some compromise on the part of the resident, Cohen says, such as painting a ramp to match the house or utilizing materials that harmonize with the surrounding environment.

When it comes down to it, Cohen explains that while HOAs have various powers and responsibilities—including enforcing safety and upholding appearance standards—they can’t use their rules to discriminate against disabled residents.

What to do if your request is denied?

In the case above, the California couple escalated the situation by reaching out to the town for help. But there is more they can do.

In the event of denied request, Cohen says homeowners can appeal to HUD, which oversees the FHA.

"HUD can investigate, mediate, and, if necessary, impose penalties or order compliance," he adds. "Homeowners can also file a lawsuit, seeking remedies such as an order authorizing the modification, money damages, and counsel fees."

Gaddy adds that if you think you've been discriminated against, report it! But he advises doing it soon.

"You have a one-year window to file a complaint with HUD. Private lawsuits under FHA have a two year window from the incident occurring to file a complaint," he says. "Depending on your state, like in Pennsylvania, the Pennsylvania Human Relations Commission filing window is 180 days from the incident.”

Cummings says it's probably never too early to seek legal counsel, noting that many homeowners run into trouble because they didn't contact a lawyer earlier.

"Unfortunately, by the time many clients get to us, they have already harmed their case by relying on advice from non-attorneys, including their financial planners acting as armchair experts, ChatGPT, and Reddit, having missed key opportunities and filing deadlines," Cummings says. "Needless to say, getting a competent attorney, experienced in the niche of COA and HOA law, involved at the outset presents the best opportunity to nip these problems in the bud.”