I just got off a government web site relative to the ADA act and whom would qualify as disabled:
The Act defines a person with disability to include (1) individuals with a physical or mental impairment that substantially limits one or more life activities; (2) individuals who are regarded as having sch an impairment; (3) individuals with a record of such impairments.
The term "physical or mental impairment includes, bit is not limited to, such diseases and conditions as orthopedic,visual, speech and hearing impairments,cerebral palsy,autism, epilepsy muscular dysthropy, multiple sclerosis, cancer, heart disease,diabetics, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction ( other than addiction caused by current, illegal use of a control substance) and alcoholism.
DOES THIS MEAN THAT MOST OF OF US IN THE VILLAGE FALL ARE DISABLED?
Friday, March 28, 2008
Disiability
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9 comments:
Hi Larry,
US Supreme Court Justice Potter Stewart, in a landmark Obscenity case, is reputed to have said: I may not be able to define Obscenity legally but, I am fairly certain what is obscene when I see it.!!!
Don't wrap yourself around the axle on this matter of Disability; a little common sense is all that is needed.
There is a vast difference in disability level between a dislocated thumb and a compound fracture of a hip joint
Dave
Larry
You must stop trying to micromanage this whole issue!
If a “resident/owner” claims a disability mandating the Board to “Reasonably
Accommodate” his/her request to have his/her parking space moved closer to their unit/elevator, the
Board must use reasonable business sense to provide for such requests.
Responses to such requests should be handled on a first come first served basis and not be the judgment call of the Board as to which request carries more weight based on the Board’s medical opinion. When all available spaces nearest to elevators or walkways have been changed to Reasonably accommodate handicapped, all further requests should be on a waiting list for the time when openings emerge.
This is the Responsibility of the Board and no other “arbitrary” moves would, in all likelihood, stand up to a court challenge. Failing to “Reasonably Accommodate” would, however be grounds for complaints via “fair housing” for not complying with this requirement.
This was made very clear at a housing Fair in 2004, attended by Rod Tennyson, Robert Fogelman and yours truly. It was truly enlightening.
Ed Black
Oh boy, talk about "can of worms". This issue is the type of issue that you can almost hear people holding their breath when the subject comes up. Trouble written all over it!
Chris you are so correct. No mater how this matter is handled by the building board there will be unhappy residents. Nothing stirs up people as much as "moving my parking space". I have heard of cases of where residents went out and repainted the markings on bumpers. There was a case where a disabled vet demanded a parking space that belonged to another association. Guess what he got it.Fortunately he no longer lives in the village so the space went back to the original association.
As Ed has pointed out when this matter comes up in an association a lot of business and common sense in resolving this kind of issue will be needed.
In my building our lift is located in the middle of the building and we have three walkways that can handle a wheel chair so no parking space is far from an area that leads to the lift.Second floor units have no problem getting into their units but first floor units require a small ramp due to the fact that there is a difference in height between the slab of the walkway and the entrance to first floor units. So in the case of my building we would not only have to deal with the "parking space issue" but have to deal with a ramp issue also.
Hi Larry, Yes, I can see what you mean. This difficult situation definitely requires a fair minded Board of Directors with much common sense.
Chris
"common sense" - you DO realize you are "on" a CV Blog, right !?
Larry
Dealing with a ramp is to "reasonably accommodate" the owners' request and permit the ramp to be completed. The Permit office would require oversight and the owner would pay all associated cost, so what's the problem?
Ed Black
Ed, The ramp just becomes another issue that would have to be dealt with when the time comes. How will it be constructed? What design will be needed? How do we keep other residents from tripping over it at night?, etc. How do you pacify other residents that might appose the ramp or having their parking space moved?
Ramps are easy, Larry
The permit office requires permanent ramps, (constructed of cement) unless they are temporary
Temporary ramps may be used if they are taken in after every use. Remember the costs of ramps is the owner/resident that your board has “reasonably accommodated” DON”T worry about the DESIGN, the permit office will make that EXTREMELY CLEAR, and that will avoid clashes for code violations possibly exceeding the minimum space required for your remaining walkway. The PEAARMIT OFFICE will protect you and your Association!
Safety is easy as well. Your Maintenance Company simply paints a YELLOW border around the ramp to display the new raised area. You may place a CONE near the ramp for the first 30 days to highlight the placement as well.
Remember, Larry you are not doing this to be popular but to fulfill your fiduciary for all owners. Fair Housing and the Federal Government require nothing less. Moving parking spaces for those most needy of us also fills this requirement. COURTS have upheld such informed actions, but that still will not make you popular.
Ed Black
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