- Condo associations can create rules banning items like large pool floats, fins, and playing with balls for safety and space reasons.
- A rule prohibiting engagement with wildlife, such as catching lizards, is unusual but may be enforceable if the board has a legitimate reason.
Live in a home governed by a condominium, co-op or homeowner’s association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers.
Question: My condo board doesn’t like that my children catch lizards with their hands on the pool deck and play with them — they don’t kill them or torture them, they just observe and release them.
I believe our board is going overboard with new rules that go above and beyond a reasonable standard. For example, they’ve prohibited engaging with wildlife (like the lizards), they’ve banned fins and snorkels in the pool, they’ve banned large floating pool toys, and they’ve banned playing with balls and frisbees. Can they do this? Signed, B.R.
Dear B.R.,
This is the first time I’ve heard of a condominium passing a rule prohibiting residents from “engaging with wildlife” on the property. But every rule is borne of some “problem” that a board thinks needs fixing.
A lot of the rules you mention are extremely common — kids with fins tend to kick and splash other bathers, large pool floats and toys take up a lot of room in a crowded pool, and balls and frisbees tend to end up flying into other residents, as well.
In fact, I’d say most communities ban many or all of those things. A lot of it has to do with the makeup of the community, and if you are mostly made up of families with small children, I’d guess that the board would be a lot less motivated to pass such rules. But condominiums typically slant a lot older, so restrictions like these are commonplace.
As for the wildlife rule, the real question is going to be whether the board is addressing a real and legitimate association issue, and whether their rule is intended to achieve that interest. I do frequently see rules prohibiting the feeding of wildlife as it tends to attract more wildlife, which makes a significant mess.
But I can’t really see what the association’s interest is in preventing your kids from interacting with lizards. The brown anoles and curly tails are going to be out there, no matter what, and as long as your kids are genuinely not abusing the animals in some way (as a reptile lover I both applaud you encouraging your kids’ interest in reptiles, as well as hope you are making sure they know how to interact with them safely and without causing them stress), it’s hard for me to imagine why the association cares. But perhaps they have a good reason. Frankly, I’d ask them — maybe the rule really isn’t about your kids at all, but some other issue, and they’d be willing to change the rule if you talk to them about how your kids are learning about animals and being very careful not to hurt them.
Can condo deny permission to build access ramp to front door?
Question: My parents live in a condominium. They have not been keeping up the parking lots and sidewalks, and they are broken and crumbling. They are dangerous for all people, but the elderly in particular cannot roll their walkers and wheelchairs over these bumps. How do we get them to fix these things?
Also, we would like to put a small ramp at their door, since the door threshold is 4″ high. But they said we couldn’t. Signed, M.L.
Dear M.L.,
We’ll start with the second part first — you absolutely have a right to install a ramp. The Fair Housing Act states that housing providers, like condominium associations, must allow residents to make reasonable modifications to the property, at their own cost, when necessary to afford them the full use and enjoyment of the property.
I couldn’t tell from your question if you are speaking about the door to your parents’ unit, or the door to the condominium itself, but either way, and unless there is something extremely unusual that would prevent a ramp from being a reasonable modification, the association would have to allow it. Your parents’ age and mobility issues are certainly disabilities under the statute, and ramps are one of the most typical installed modifications.
If you install the modification at your cost to an area used by residents, generally (like the front door), then the condominium will be obligated to maintain it. If the ramp is only used by your parents, then it will be your parents’ responsibility. Mention the Fair Housing Act and if they continue to refuse, contact your local discrimination office.
As for the failure to maintain the community, unfortunately there’s not a lot that you can do other than make sure your parents and other’s in the community speak up and press the board to make the repairs.
This is a very common issue in housing for older persons, given that so many older persons are living with very tight financial means. But this ends up being somewhat penny wise and pound foolish, as these maintenance issues are genuine safety hazards, and it’s inevitable that someone will trip and fall, triggering your association’s insurance, forcing them to pay their deductible and making sure their premiums go up, sometimes significantly.
So, while they may be saving money and tempting fate, in the long run making the repairs is a lot less costly.
Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of “New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.” Email your questions to condocolumn@gmail.com. Please be sure to include your location.
