Boards are sometimes faced with a resident whose behavior has changed or whose condition affects how they follow the rules. Dementia, serious mental illness, autism, brain injury, and similar conditions can all play a part. These situations call for patience, privacy, and a clear understanding of the association's legal duties.
This article is general information and is not legal advice. The association's attorney should be consulted.
Who Is Protected
Federal fair housing law protects people with a handicap, which is defined as a physical or mental impairment that substantially limits one or more major life activities. Florida's Fair Housing Act, found in Chapter 760 of the Florida Statutes, uses the term "disability" and provides similar protection. Many neurological and mental health conditions can meet these definitions, depending on how they affect the individual.
Community associations are generally treated as housing providers for fair housing purposes. Their rules, policies, and services are covered.
The Duty to Make Reasonable Accommodations
Under section 760.23(9)(b), discrimination includes a refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to give a person with a disability an equal opportunity to use and enjoy a dwelling. Federal law contains the same requirement.
An accommodation is a change or exception to a rule or practice. Examples might include:
- Allowing a caregiver to park in a space normally reserved for owners
- Providing notices in a different format or through a designated family member
- Allowing more time to correct a violation linked to the condition
- Adjusting how and when the resident is contacted by staff
An accommodation does not have to be granted if it would impose an undue financial and administrative burden on the association or fundamentally change the nature of its operations. Those limits are narrow and should be evaluated with counsel.
How Requests Should Be Handled
A request does not have to use any special words or forms. It can come from the resident, a family member, or a representative.
- Each request should be acknowledged in writing and handled promptly.
- When the disability or the need is not obvious, reliable information may be requested, such as a statement from a health care provider. Diagnoses and medical records should not be demanded.
- The association should engage in a good faith discussion if the requested change cannot be granted as proposed, since an alternative may meet the need.
- Medical information should be kept confidential and shared only with those who need it to decide the request.
When No Request Has Been Made
Sometimes neighbors notice behavior that suggests a resident may be struggling, but no accommodation has been requested. The board walks a careful line here. Speculation about a person's health should not be discussed at open meetings, on social media, or among neighbors.
A softer approach usually works better than fines. A private conversation, a call to a family member or emergency contact on file, or an offer to meet can resolve many problems. If a rule violation must be addressed, the normal notice and hearing steps should be followed, as described in
how to properly handle HOA violation notices. If the resident's response suggests the conduct is tied to a disability, the matter should be treated as a possible accommodation request.
When Safety Is at Risk
Fair housing law does not require a community to ignore conduct that poses a real threat to the health or safety of others. Any such decision should rest on facts and recent conduct, not on a diagnosis or general fears about a condition.
When a resident appears to be a danger to themselves or others, law enforcement should be called, and a welfare check may be requested. Under section 415.1034, any person who knows or has reasonable cause to suspect that a vulnerable adult is being abused, neglected, or exploited must report it to the Florida Abuse Hotline. Where conduct toward neighbors becomes threatening, the steps in
how HOAs can intervene to stop neighbor-to-neighbor harassment may also apply.
Compassion and consistency also protect the association. A board that documents its reasons, responds promptly, and treats the resident with respect is in a far stronger position if a discrimination complaint is ever filed.
Support for Boards
Accommodation requests and sensitive resident matters are handled with the association's attorney for the communities managed by Condominium Associates. To talk through a situation in your community,
contact us.
