THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, October 1, 1994 TAG: 9410010165
SECTION: REAL ESTATE WEEKLY PAGE: 16 EDITION: FINAL
SOURCE: G. Robert Kirkland and Michael A. Inman
LENGTH: Medium: 51 lines
Q. I am on the board of a condominium complex that is a townhouse style community. One of our newer owners is handicapped and has approached the board about building a ramp on the front of his unit for access. There is another entrance to the unit that would be just as convenient as far as we can tell, and would be less disruptive of the appearance of the building. Do we have to allow him to build the ramp where he wants to? Who pays for it? Who maintains it?
A. Under the provisions of the Fair Housing Act Amendments of 1988, a federal law, you are required to allow exterior modifications to the building in order for the dwelling to be reasonably accessible to your homeowner. That does not necessarily mean that he gets to select which point of access is utilized, as long as the unit is made ``reasonably accessible'' to him. We certainly would suggest that you meet with the unit owner to hear his reasons for placing the ramp at the front entrance as opposed to the other point of access.
The Fair Housing Act requires the unit owner to be responsible for the cost of installing the ramp. Also, the design would be subject to approval by the architectural review commission. Of course, any design requirements imposed on the unit owner would have to be reasonable under the circumstances.
As the maintenance, it would appear that in your case, and in most other cases, the ramp is being installed in a common area, or limited common area. The issue of maintenance needs to be addressed, and it would be appropriate for the association to enter into a maintenance agreement with the unit owner, whereby any deterioration repair would be at the cost of the unit owner. This subject is not addressed by the Fair Housing Act as is the issue of bearing the cost of construction. The maintenance covenant should address such issues as who has the right of repair, who pays for repair and maintenance, the duration of the modification and removal of the modification. This document should be recorded in the deed records in order to subject future buyers to the terms of the covenant. MEMO: G. Robert Kirkland, president of a Virginia Beach property management
consulting firm, and attorney Michael A. Inman specialize in community
association issues and are affiliated with the local chapter of the
Community Associations Institute. Send comments and questions to them at
Real Estate Weekly, 150 W. Brambleton Ave., Norfolk, Va. 23510. To
submit questions by phone, call 446-2033; fax: 446-2531.
by CNB