They don't care. I'm not part of an HOA, in my neighborhood one cropped up recently, but quite a few times they've destroyed my ramp that makes it far easier and faster for me to get in or out of my home versus using stairs. Especially lopsided stairs. I'm handicapped and use a cane for support for a bad leg. Once, I tried to leave my home, and actually fell from what was left of my porch they destroyed just to turn my ramp into splinters and scrap. Needless to say I broke an arm in 2 places due to how I landed, and further harmed my bad leg. They truly are disgusted that handicapped people exist. I just don't leave my home anymore, that's how much I've given up.
@@MLPIceberg if they came onto your property without your permission, then they CAN be charged with tresspassing, private property damage, and causing you bodily harm!
That's basically telling them it''s okay to have a member of the family who's handicapped, but don't let anybody else see it because it's shameful. How ridiculous.
NOT TRUE. Read the rules that they received when they agreed and moved in. An exception was made to hide from view with simple landscaping. They need to compromise or take it down. Personally if I were a neighbor I would not have an issue with it.
@@ericelam1014 Counterpoint: It is their house and anybody who wants to fine you for something you do with your own house (that doesn't endanger others) deserves to wind up missing bones in their legs.
@@ericelam1014 if you were my neighbor I'd probably have busted your kneecaps by now coz your just a miserable busy-body with nothing to do but whinge about other people
@@ericelam1014 federal law they can't stop you from doing something that affects the disabled persons quality of life. communities may have the right to make their own rules however they are still required to follow state and federal law
Because, more and more cities REQUIRE new housing communities to have an HOA as a condition of being granted a building permit. (No HOA, no permit). Why? Because in HOA areas, the association, not the government is responsible for street maintaince. Property taxes are supposed to fund this, but by having the HOA, the government avoids having to perform it. Also, since HOA's are for profit, they create yet another source of tax revenue. So, the government is both making more money on top of property taxes, AND saving money by not having to maintain streets.
HOAs are non-profit corporations, not for-profit. Also, even if they WERE for-profit, there'd be no point, because HOAs don't actually turn a profit, anyway. (If they happen to have a lot of money saved in their reserve expenses account, they might turn a SMALL profit on interest income, but cities don't generally levy a corporate income tax anyway.)
Hey this may be a late question... but... What are the benefits of a HOA neighborhood? I am asking this question, because i see a lot of problems caused by HOAs, grasping power and supressing people like a dictatorship and this is making me question the reason of existance of such HOAs.
@@Furry19931993 supposedly, retain home value. Not going to have people turning the front yard into a junk yard with car parts everywhere, for example. You have to pay a fee or dues every month, for fhem to manage the neighborhood. Honestly, I would not buy a home with HOA. You already have local government dicating how your yard or house should be. Don't want another layer of crap from HOA.
@@Ryo8761 Honestly, those pitiful "benefits" are NOT worth subjecting yourself to an HOA for. At all. Yes, the neighborhood looks prim and proper, BUT when you look under the surface you find that the area is full of bullshit that can't be removed without some major repercussions.
I think they should be illegal. People get petrified that their property value might drop because a neighbor has an ugly yard, and instead of communicating and talking with their neighbors, they hire an HOA to be the bad guy
I had to defend a friend of mine a few years ago from HOA bs just like that. They had submitted the form (along with the doctor's notes from the hospital) to put in a "temporary" wheelchair ramp to their front door 2 weeks before his wife was due to be released home. The HOA granted them permission, and we all got to building right away. Most of the neighbors and I helped him construct it, and we ended up completing it in one day. Just in time for her to come home. The next week they came outside to see the ramp cut up and a letter from the HOA board. Apparently they didn't like how big the ramp was (it was only like 25 feet long, which went from the top step down to side of the driveway), and that it was an eyesore for the rest of the neighborhood. When they reviewed their security cameras, they saw members of the HOA the night before park a truck in their driveway get out with saws and sledgehammers. They had cut it up almost to the point where we couldn't repair it. My friend immediately called the police to report tresspassing and property damage! The HOA claimed that they had sent him an email explaining how big the ramp could only be the same time they gave them permission to build it, which they had only sent that information the day before they cut it up. I spoke on their behalf when they took them to court, and said that regardless of all the HOA regulations they were breaking the ADA federal law (which means that as long as you own the property, basically you don't need anyone's permission to make changes to your house to accommodate any health problems you may have) plus the fact that they had destroyed in a few minutes what took us a whole day to make without talking to anyone was completely unnecessary!! The HOA was ordered to paid for all of the damaged materials, stay off the property unless there was a fire or real emergency, and to allow my friends to keep the ramp up as long as they wanted.
If I was the DA I would have filed criminal charges against those members and ask the courts for a short jail sentences for the destruction of property.
Years ago a neighbor needed a ramp due to his wife having suffered a stroke. Several of us, his neighbors, helped him design and build the ramp. Living under the "authority" of a HOA is something I'll never consider; not even for a moment. Instead of helping you they actively make things more difficult.
In an HOA community, they don't want any indication of ANY human life visible, let alone handicapped people. They want the entire neighborhood to look like a meticulously landscaped and manicured model train layout. No cars in the driveway. No bikes in the yard. No swingsets. No clotheslines. Nothing that would indicate normal, everyday life. They want "For Display Purposes Only".
@@marlenalinne7958 That is the price of living in a Nice neighborhood. A ramp isn't Nice. That is why your neighbor will come walking over when you have moved in to reminds you that this is a Nice neighborhood. Another thing is that they had ten kids living there and nothing (else) showed that there were any kid's outdoors activity. So sterile and sad.
May god, never strike this HOA leader, with a child that is not perfect, this upsets me, people actually complaining about a structure, that helps another human being, live their daily lives, Shame, Shame,Shame
mychoclabwinston Better, hope the head of the home owners association and the board members need wheelchairs themselves. Rheumatoid arthritis. Leg injuries. All kinds of things can put you in a wheelchair. My sister was in a wheelchair for over a month after surgery for plebitis.
Never. My grandma told me when i was a kid : "give any appearance of power to weak minded people, you'll have tyrants". She was a young girl during the german occupation and saw the "collabos" parading and threatening .anyone who seemed/dare to oppose their perceived power.
HOAs have considerable freedom to screw with people they choose to screw with. there is a corporate veil, contract law, private property, major power granted to them that is publicly filed and available for you to read before you buy..... it's just not a good decision to buy in an HOA.
ADA has no priority over HOA rules unless they relate to common and public areas of the HOA. There is no violation of the Americans with Disabilities Act.
ADA has no priority over HOA rules unless they relate to common and public areas of the HOA. There is no violation of the Americans with Disabilities Act.
@@giladfaivre5472 it actually DOES apply to private homes when another entity like an HOA gets involved. The HOA can not deny them the right to build a ramp or force them to hide it.
As a Board of director for my HOA this is one fight that I would never ever instigate. It’s an INSTANT increase in assessments because the D&O insurance premiums will skyrocket when the homeowner sues the shit out of the HOA.
What wonderful, loving people. Taking in ten disabled, fostered and adopted kids. How can any reasonable human being countenance harassing these folks over a simple, necessary wheelchair ramp? It is beyond comprehension.
What ever the outcome of HOA battles, the lawyers always win. The HOA do to since they're playing ball with others money. I wouldn't even look at a home that comes under an HOA. I bet it's a lot harder to sell an HOA home, too.
When I drive past a home with a ramp all I think are good thoughts cause I know that person has to push a little harder than everybody else everyday. And I admire that. They should be proud to have this ramp in their neighborhood
FHA and ADA both have language, that makes any HOA opinion on the ramp void - period. And you don't have to take it down, if you move either. While there are laws that allow/protect such covenants, FHA and ADA are strict an clear - even the part about HOA opinion on the ramp; if they don't agree on the design, they cannot burden the homeowner with the additional cost - period. All lawyers should know this...
David Powell it's not just anything. Ramps are a requirement for wheelchair bound people. It's not a pool or a deck. Federal law is pretty clear on that.
When it comes to accessibility items like ramps and parking spaces, ADA supersedes. see www.latimes.com/business/la-fi-rent-watch-wheelchair-20161008-snap-story.html
I believe the HOA can determine the style but not prohibit them. I think the homeowner would have had a better chance with the HOA if they had gotten approval first. The railing on the ramp should match the railing that exist on the house. Landscaping would be cheaper and look better.
There is no language in the American with Disabilities Act that requires the same access point as everyone else. Access only has to be provided and it can be a back or a side door. I have seen numerous businesses set up like this. I can find no record of any lawsuit regarding ADA and side entrance ramp. I am a retired architect and am very familiar with ADA.
Just find a lawyer that will sent notice to the HOA the ADA is a law that rarely if ever loses in court and this ramp would very easily be judged a reasonable accommodation.
@@Mboy245 Fun fact you are wrong. The HOA doesn't own the house and isn't a public business. The association common property isn't open to the public and as such doesn't come under the provisions of the ADA hence why an neighborhood pool or tennis courts do not have to have step free access.
The fact that they’re required to hide the ramp with additional landscape goes to show that the HOA doesn’t respect the Disabled! May those board members of the HOA & every neighbor who found the sight of a decently built ramp be subjected to a lifetime of wheelchair needs or members of their household so that they could feel how, “Disability needs overrides curb appeal!”
Good Lord, so true. I'll bet the HOA is offended by the wheelchair too....better bedazzle that bad boy. And they probably drive a handicap accessible vehicle too....better make sure that's not an eyesore. HOA's are crap.
Using the garage isn't enough room with a wheelchair. This is a ADA violation. Contact the Justice Department and find a ADA Attorney. Also a expert witness like a Architect is available in these cases.
But when HOAs do this shit, property values PLUNGE because nobody wants to live with an HOA, much less one that the neighbors tell horror stories about.
No they value the procedures and precedent. They would never have denied this had the request been submitted and as the video points out the association even attempted to work with the couple to resolve it despite them not following the correct process. Our association in the 4yrs its been owner controlled has only denied 1 ACC request and then worked with the homeowner to amend the design so it meets the guidelines.
The HOA needs to stand up for this family. It's the right thing to do. They can make an exception to any rule that would prohibit this. They have the power to do the right thing.
I'm disabled only got 1leg I had to spend 8yrs 6months in a wheelchair so I know what it's like to have to like to use one I'm lucky that I was able to regain the ability to walk again this be my second year learning how to walk again so don't let anyone push you around don't give up do what you have to do for your kid
My HOA cut off my especially planted flowering plant because it covered up a part of MY sidewalk. I caught the guy cutting it, pitched a fit and they never cut it again. I’ve allowed it to grown into a huge bunch of blooms now and it’s beautiful. 😊
KJS FL I have over 100 flowers in my yard and live in an HOA. Me and my husband receive nothing but compliments from all our neighbors. I wish someone would touch my flowers. You did the right thing. Lol.
Tell Don Payne to shove it and refer him to the Americans with Disabilities Act. Sue him personally and the HOA for emotional stress and lawyers fees as well as the lien on the house. It will take time but you will win. You do NOT have to ask ANY HOA for permission to build a ramp for the disabled on you house. I hope this costs everyone in the HOA a small fortune so they learn their lesson.
Shame on this HOA. They are in violation of ADA. A ramp is not an improvement for two reasons. 1 - it is a necessity! 2 - Ramps do not add to the value, many time it decreases it. My father was part of the President Committee for the Handicap which brought so many changes for the disabled we take for granted. My father was in a wheelchair for years due to illness. This family is precious, caring and loving this beautiful boy. Bless them.
This is so appalling. We grew up next door to our neighborhood’s HOA President, and he made life a living hell for my family. Can’t even imagine how they must be feeling.
And yet the HOA would win most court cases because the homeowner agreed to their rules when they bought the house and are therefore subject to those rules while they "own" the place.
I love living in our HOA community, but I realize some are just terrible. When I see what some people go through it’s mind blowing. I hope that things work out for them.
I do not I've qn HOA but the HOA in this situation is NOT saying they can not have a ramp but that the couple had to put the plans in to the HOA before building the ramp which they did not do, and the CC&Rs require you to do. So after the ramp was built the HOA came back and said landscape in front of it, not that they had to take the ramp down. I think that is a good compromise seeing as though the HOA could require them to take it down if it did not meet HOA standards. It does look like a pretty solid well built ramp that is not bad looking so they should learn there lesson and just put landscaping in front of it. The HOA should also take the lean off the property for the mailbox, it has been remedied.
It doesn't make sense to put bushes in front of the ramp. Bushes will hold moisture against the wood thus making the wood rot even faster. Then when it comes time to replace rotted out pieces, the stupid bushes will be in the way making it harder to reconstruct the damaged areas. What is so horrible about having a ramp to the front door? "Oh no, we can't let any one know a handicapped person lives here!" Please , don't buy houses in an HOA neighborhood, they will govern your lives worse than the government already does.
, y'all need to keep this in mind somebody on the H O A decided to dedicate all their free time to police you and tell you what you can do on your private property think about what kind of person that is
I just can’t get over how incredibly huge all the houses are when they did that drive by scene. Plus they all had massive lawns, Is that normal for America?
try again.... www.eeoc.gov/facts/adaqa3.html Does the ADA cover private apartments and private homes? A. The ADA generally does not cover private residences. If, however, a place of public accommodation, such as a doctor's office or day care center, is located in a private residence, those portions of the residence used for that purpose are subject to the ADA's requirements.
People need to start suing homeowners associations for devaluing their property. All you need is one certified letter from somebody saying that they're not going to buy your house because of the over burden of the HOA and you have a valid lawsuit.
I've watched a bunch of HOA videos recently and this is the best produced by far. I hate the "JOHN AND JANE HAD A SHED IN THEIR BACKYARD" reporter voice every 30 seconds. I just need the actual homeowners explaining the issue with the reporter questions not in audio. So thank you
I was an engineering dept. manager with a major rapid transit district. I was the company rep on our civilian ADA advisory board. I can't think of a single instance where ADA rules/requirements do not override local, regional or state codes. And I guarantee you that includes HOAs. In this case I would suggest to the HOA that THEY hire a landscaper to improve the view from the street. It would be significantly cheaper than a legal battle.
Deaf, blind, cerebral palsy, 70 pounds, can't hold head up, broken arm, helmet, wheelchair bound.... The real story is that this poor kid wasn't euthanized. We treat dogs better.
You don't disable people, just because they are disabled. Those countries where euthanasia is legal, clearly lay that choice with the person in question, no 'well meaning' family members or medical staff. Without an explicit question from them, doctors aren't even allowed to contemplate about the question. The poor boy may be severely disabled, he might be happier than most of us...
True. However I prefer keeping someone alive who might want to die over killing someone who might want to live. The only way we can be sure someone wants to die is when they can say so.
I just started to watch this and wanted to mention. BRICK mailboxes are illegal. If a postman were to slide into that he could get harmed. A post must be a "snap away" to provent harm. The Supreme court needs to rule that any homeowner can withdraw their HOA membership and stop paying in dues to an organization they don't want to be part of.
🤬 It's completely out of the ordinary, you don't have to "camouflage" the fact that a person with a disability lives here, it can actually also affect a person from the HOA.😡
So, the HOA doesn’t really have any issues with the ramp. The owners defied the process. Refused to send specs to the HOA. They chose to take the “ask for forgiveness; don’t ask for permission” approach in an HOA. HOA simply asked for landscaping around the ramp. The owners failed to meet the simple request AFTER failing to follow the process they were very aware of. This is a homeowner problem. Not an HOA problem. These homeowners chose to fight against the HOA. Every step of the way. Their neighbors understand the need for a wheeelchair ramp. They don’t understand why the owners defy the process, and can’t bother meeting the landscape compromise.
You shouldn't have to get approval to get something like this done! As long it was constructed within codes and is not an eye sore which this one isn't, then everybody else needs to keep their nose out of this family's business and let them do their thing! God Bless this couple for saving so many children! The HOA needs to stay out of this!!!!!!!!
The Americans with disabilities act forbids anyone from interfering with such accommodations for persons having such disabilities get a lawyer and sue the HOA for discrimination!
The brick mailbox is illegal if it's along the road. The US postmaster has laws in place that say mailbox mountings have to be breakaway. That's Federal law, that trumps any busybody HOA.
Just because the HOA does something does not make it right or legal. in this case they are obviously not in compliance with the Americans for disability act simply sue them in court or have your lawyer send them a letter stating they are in violation of the act and to leave you alone. I lived in an HOA and the back of my property had a lot of trees. The property was on a hillside and the trees eventually grew to a height where they blocked my neighbor's views. I got a notice from the HOA telling me I would have to trim my trees in order to restore the views of my neighbor. I checked my deed and there was no view easement (yes such a thing exists). I told them that there is no view easement on the property and I am not cutting the trees. If you send anyone to my property to cut the trees you will be trespassing and you will be sued for any damage done to my property. A few months later they sent a crew out to cut the trees, Luckily I work from home and when I heard the chainsaws I went outside and saw workers in the trees about to cut them. I told them to get them they were on private property. they told me they had orders from the homeowners association to cut the trees. I told them that if they touch the trees and do not come down and get off my property immediately I will call the police and have them arrested for trespassing. They immediately came down they called the management company for the homeowners. I told the management company regardless of their orders from the homeowners association they are on private property and they should never enter my property again. They try to argue with me but I told them the next time anyone from the homeowners association enters my property I will simply have them arrested. They stop bothering me.
The ramp looks great it matches the home, is it because it is a handicap ramp and it shouldn't be seen?? Only thing i can think of for wanting to hide it with bushes..
I wonder if the Americans With Disability Act has anything to say about this. I know that in Arizona the state can't prevent someone using their property. A wheelchair ramp is an assistive device.
A town I used to live in required over $500 in permit fees plus detailed drawings from a licensed architect for them to even consider granting a permit. Most people build them without a permit them dare the town to complain.
The HOA has no legal right to deny your child access to his home. Call the ADA and contact a lawyer that specializes in this and file a huge lawsuit against the HOA and soak them for as much $$$ as you can plus lawyer and court costs. I have a similar situation as this couple and live in a HOA. I would not hesitate to call up my special needs attorney and file a Big lawsuit against my HOA. So far I have had no trouble with them.
They should have that ramp. Back in 2012 that I broke my left ankle from a bad car accident. The first day it was hard to get in the house. My father and his friend built the ramp on the front porch and a little one from the driveway to the front porch. It was so much easier to transport me in the wheelchair on it. I still had to get off the wheelchair inside the house to the outside by using the walker. The ramp is still up since a new family had moved into the house. Both of my parents are gone. I do missed seeing them.
HOAs were not controlling until laws were passed that the HOA can take your home. Now the HOA's know they can do what they want and you have to follow the rules or lose your home. In fact, sometimes the goal is not to raise money by making rediculous rules and fines. The goal is to make fines so high that you cannot pay them, so they end up with your home.
Over time, homeowners associations become staffed by the most petty and power-hungry people in the neighborhood. These are the people who love to control others. That's why they join the homeowners association. If there ever was anybody good on the homeless Owners Association, they have probably quit so they wouldn't have to deal with these horrible people.
Under the FFHA & CFHA, a HOA cannot legally refuse to make reasonable accommodations in its rules or policies when such accommodations are necessary for a disabled owner to fully enjoy and use their unit.
Apparently the HOA never heard of the Americans with Disability's act, when is a federal law.
And neither has WalMart.
They don't care. I'm not part of an HOA, in my neighborhood one cropped up recently, but quite a few times they've destroyed my ramp that makes it far easier and faster for me to get in or out of my home versus using stairs. Especially lopsided stairs. I'm handicapped and use a cane for support for a bad leg. Once, I tried to leave my home, and actually fell from what was left of my porch they destroyed just to turn my ramp into splinters and scrap. Needless to say I broke an arm in 2 places due to how I landed, and further harmed my bad leg. They truly are disgusted that handicapped people exist. I just don't leave my home anymore, that's how much I've given up.
@@MLPIceberg if youre stuck at home anyway, maybe threaten to sue n maybe contact an attorney.
@@airplayrule If that'd work, I'd have tried already.
@@MLPIceberg if they came onto your property without your permission, then they CAN be charged with tresspassing, private property damage, and causing you bodily harm!
That's basically telling them it''s okay to have a member of the family who's handicapped, but don't let anybody else see it because it's shameful. How ridiculous.
Down right evil.
NOT TRUE. Read the rules that they received when they agreed and moved in. An exception was made to hide from view with simple landscaping. They need to compromise or take it down. Personally if I were a neighbor I would not have an issue with it.
@@ericelam1014 Counterpoint: It is their house and anybody who wants to fine you for something you do with your own house (that doesn't endanger others) deserves to wind up missing bones in their legs.
@@ericelam1014 if you were my neighbor I'd probably have busted your kneecaps by now coz your just a miserable busy-body with nothing to do but whinge about other people
@@ericelam1014 federal law they can't stop you from doing something that affects the disabled persons quality of life.
communities may have the right to make their own rules however they are still required to follow state and federal law
Why are homeowners associations even legal? And why do they get all sorts of powers that not even the local government should have?
Because a lot of people want "cookie cutter" conformity where they live and are willing to sign away their constitutional rights to get it.
Because, more and more cities REQUIRE new housing communities to have an HOA as a condition of being granted a building permit. (No HOA, no permit). Why? Because in HOA areas, the association, not the government is responsible for street maintaince. Property taxes are supposed to fund this, but by having the HOA, the government avoids having to perform it. Also, since HOA's are for profit, they create yet another source of tax revenue. So, the government is both making more money on top of property taxes, AND saving money by not having to maintain streets.
HOAs are non-profit corporations, not for-profit. Also, even if they WERE for-profit, there'd be no point, because HOAs don't actually turn a profit, anyway. (If they happen to have a lot of money saved in their reserve expenses account, they might turn a SMALL profit on interest income, but cities don't generally levy a corporate income tax anyway.)
Adnan K liberals love unions of all types. They love to pay to get screwed over.
They also love authorities to tell them how to live.
Get the ADA involved with this, they have more power than the HOA.
ADA does not apply to private residences
@@fischb22 it should
What is the ADA? I have never heard of it?
@@igybproductions8191 I guess American disability act.
Agreed
This is why I won’t live in an HOA neighborhood.
I'm glad too. If anyone Frome the HOA comes around my house, I'll just ask the person to take "a ride" with me.
Hey this may be a late question... but...
What are the benefits of a HOA neighborhood?
I am asking this question, because i see a lot of problems caused by HOAs, grasping power and supressing people like a dictatorship and this is making me question the reason of existance of such HOAs.
@@Furry19931993 supposedly, retain home value.
Not going to have people turning the front yard into a junk yard with car parts everywhere, for example.
You have to pay a fee or dues every month, for fhem to manage the neighborhood.
Honestly, I would not buy a home with HOA. You already have local government dicating how your yard or house should be. Don't want another layer of crap from HOA.
@@Ryo8761 Honestly, those pitiful "benefits" are NOT worth subjecting yourself to an HOA for. At all.
Yes, the neighborhood looks prim and proper, BUT when you look under the surface you find that the area is full of bullshit that can't be removed without some major repercussions.
You can live in an HOA, but make sure to attend the meetings
"HOA's" need to be Outlawed !!!..
Exactly. I couldn’t live where there’s an hoa because Id knock them all flat on their asses.
I think they should be illegal. People get petrified that their property value might drop because a neighbor has an ugly yard, and instead of communicating and talking with their neighbors, they hire an HOA to be the bad guy
And police unions!
They should be killed
Supply and demand.
If enough people stop buying into the HOAs, they will go away
I had to defend a friend of mine a few years ago from HOA bs just like that.
They had submitted the form (along with the doctor's notes from the hospital) to put in a "temporary" wheelchair ramp to their front door 2 weeks before his wife was due to be released home. The HOA granted them permission, and we all got to building right away. Most of the neighbors and I helped him construct it, and we ended up completing it in one day. Just in time for her to come home.
The next week they came outside to see the ramp cut up and a letter from the HOA board. Apparently they didn't like how big the ramp was (it was only like 25 feet long, which went from the top step down to side of the driveway), and that it was an eyesore for the rest of the neighborhood. When they reviewed their security cameras, they saw members of the HOA the night before park a truck in their driveway get out with saws and sledgehammers. They had cut it up almost to the point where we couldn't repair it. My friend immediately called the police to report tresspassing and property damage! The HOA claimed that they had sent him an email explaining how big the ramp could only be the same time they gave them permission to build it, which they had only sent that information the day before they cut it up. I spoke on their behalf when they took them to court, and said that regardless of all the HOA regulations they were breaking the ADA federal law (which means that as long as you own the property, basically you don't need anyone's permission to make changes to your house to accommodate any health problems you may have) plus the fact that they had destroyed in a few minutes what took us a whole day to make without talking to anyone was completely unnecessary!!
The HOA was ordered to paid for all of the damaged materials, stay off the property unless there was a fire or real emergency, and to allow my friends to keep the ramp up as long as they wanted.
If I was the DA I would have filed criminal charges against those members and ask the courts for a short jail sentences for the destruction of property.
@@jonwinter8618 fortunately my friends had a great lawyer who wasn't afraid to show her teeth and give the HOA Hell!
Exactly...
Ecstasy 😂
@@strykern8rwho is this Atty? Is it in NH? I need one. But none will go against their own.
@@StillYHWHs It was about 20 years ago now when this happened. And last I checked she had retired.
Years ago a neighbor needed a ramp due to his wife having suffered a stroke. Several of us, his neighbors, helped him design and build the ramp. Living under the "authority" of a HOA is something I'll never consider; not even for a moment. Instead of helping you they actively make things more difficult.
This is your house don’t let people tell how to live in your house this is not American 2:30
God forbid there be visual signs of disabled persons living in the neighborhood! Geez.....
In an HOA community, they don't want any indication of ANY human life visible, let alone handicapped people. They want the entire neighborhood to look like a meticulously landscaped and manicured model train layout. No cars in the driveway. No bikes in the yard. No swingsets. No clotheslines. Nothing that would indicate normal, everyday life. They want "For Display Purposes Only".
So true, any body can be rendered disabled in a blink of an eye
@@marlenalinne7958 That is the price of living in a Nice neighborhood. A ramp isn't Nice.
That is why your neighbor will come walking over when you have moved in to reminds you that this is a Nice neighborhood.
Another thing is that they had ten kids living there and nothing (else) showed that there were any kid's outdoors activity. So sterile and sad.
May god, never strike this HOA leader, with a child that is not perfect, this upsets me, people actually complaining about a structure, that helps another human being, live their daily lives, Shame, Shame,Shame
mychoclabwinston
Better, hope the head of the home owners association and the board members need wheelchairs themselves. Rheumatoid arthritis. Leg injuries. All kinds of things can put you in a wheelchair. My sister was in a wheelchair for over a month after surgery for plebitis.
So, that's what imperfect children are to you....punishments from God? This is when religion becomes a mental illness..
@@timhallas4275 S/he was being sarcastic.
And the ramp looks nice, great job by your church!
@clandestine2178 exactly I wasn’t a perfect kid nor am I a perfect young adult .
Just want to thank those foster parents for all they do. What great people! Shame others would ever try to do anything other than help :(
When you have a ramp installed it is because you need one. It is done for function... not fun.
When are HOAs going to learn that Federal Laws trump their rules and convents?
They do not trump anything on private land...only for public areas.
no. private land in america is still part of america.
BO Jo That private land belongs to the homeowners. Besides, ALL private residential land is under the FHA.
Never.
My grandma told me when i was a kid : "give any appearance of power to weak minded people, you'll have tyrants". She was a young girl during the german occupation and saw the "collabos" parading and threatening .anyone who seemed/dare to oppose their perceived power.
HOAs have considerable freedom to screw with people they choose to screw with. there is a corporate veil, contract law, private property, major power granted to them that is publicly filed and available for you to read before you buy..... it's just not a good decision to buy in an HOA.
ADA has priority over ALL HOA rules..... Sue them in Federal Court.
ADA has no priority over HOA rules unless they relate to common and public areas of the HOA. There is no violation of the Americans with Disabilities Act.
ADA has no priority over HOA rules unless they relate to common and public areas of the HOA. There is no violation of the Americans with Disabilities Act.
The ADA does not regulate private single family homes. You would have to sue the HOA for violating the FHAA.
David Armstrong I think the FHAA will side with homeowner. You little prick.
@@giladfaivre5472 it actually DOES apply to private homes when another entity like an HOA gets involved. The HOA can not deny them the right to build a ramp or force them to hide it.
I've done some dumb things in my life but at least I never moved into a HOA ruled home.
I rented one one. I'll never make that mistake again.
As a Board of director for my HOA this is one fight that I would never ever instigate. It’s an INSTANT increase in assessments because the D&O insurance premiums will skyrocket when the homeowner sues the shit out of the HOA.
For you, it's all about the money, isn't it? Never mind that not enforcing such a mean spirited rule might make someone's life better.
ADA. They can build a ramp all they want
It's a hate crime against a disabled person.
Just who do they thing they are PUTIN
@@charlesmills6621 Unfortunately lawsuits are the only mechanism left to force people/corporations/government to do the right thing.
@@charlesmills6621🤬🤬🤬🤬
What wonderful, loving people. Taking in ten disabled, fostered and adopted kids. How can any reasonable human being countenance harassing these folks over a simple, necessary wheelchair ramp? It is beyond comprehension.
Many attorneys will take your case pro bono. And believe me, You'll win BIG. Ubder ADA you can tell Don and the HOA to stuff it.
What ever the outcome of HOA battles, the lawyers always win. The HOA do to since they're playing ball with others money. I wouldn't even look at a home that comes under an HOA. I bet it's a lot harder to sell an HOA home, too.
When I drive past a home with a ramp all I think are good thoughts cause I know that person has to push a little harder than everybody else everyday. And I admire that. They should be proud to have this ramp in their neighborhood
I’m curious to know what happened in the end with this HOA all bent out of shape over a much needed ramp?
FHA and ADA both have language, that makes any HOA opinion on the ramp void - period. And you don't have to take it down, if you move either. While there are laws that allow/protect such covenants, FHA and ADA are strict an clear - even the part about HOA opinion on the ramp; if they don't agree on the design, they cannot burden the homeowner with the additional cost - period. All lawyers should know this...
Fuck your HOA. They are tyrants. You are no better than a Brown Shirt working for the HOA.
David Powell it's not just anything. Ramps are a requirement for wheelchair bound people. It's not a pool or a deck. Federal law is pretty clear on that.
When it comes to accessibility items like ramps and parking spaces, ADA supersedes. see www.latimes.com/business/la-fi-rent-watch-wheelchair-20161008-snap-story.html
I believe the HOA can determine the style but not prohibit them. I think the homeowner would have had a better chance with the HOA if they had gotten approval first. The railing on the ramp should match the railing that exist on the house. Landscaping would be cheaper and look better.
There is no language in the American with Disabilities Act that requires the same access point as everyone else. Access only has to be provided and it can be a back or a side door. I have seen numerous businesses set up like this. I can find no record of any lawsuit regarding ADA and side entrance ramp. I am a retired architect and am very familiar with ADA.
Just find a lawyer that will sent notice to the HOA the ADA is a law that rarely if ever loses in court and this ramp would very easily be judged a reasonable accommodation.
ADA does not apply to private residences
The HOA would win 99% of those cases. And the 1% that they lose can easily be appealed.
Sorry. You have no chance.
@@cameraredeye3115 There’s federal laws that protect people that are disabled. That’s why if businesses are sued for not having access they lose.
@@fischb22 Fun fact the House is HOA owns the house and is a public business so it actually does apply. NO law or bylaw can supersede FEDERAL law.
@@Mboy245 Fun fact you are wrong. The HOA doesn't own the house and isn't a public business. The association common property isn't open to the public and as such doesn't come under the provisions of the ADA hence why an neighborhood pool or tennis courts do not have to have step free access.
The fact that they’re required to hide the ramp with additional landscape goes to show that the HOA doesn’t respect the Disabled! May those board members of the HOA & every neighbor who found the sight of a decently built ramp be subjected to a lifetime of wheelchair needs or members of their household so that they could feel how, “Disability needs overrides curb appeal!”
There was nothing wrong with that ramp. It was well built and if you drive thru most neighborhoods you can easily spot a few houses with ramps.
Good Lord, so true. I'll bet the HOA is offended by the wheelchair too....better bedazzle that bad boy. And they probably drive a handicap accessible vehicle too....better make sure that's not an eyesore. HOA's are crap.
Using the garage isn't enough room with a wheelchair. This is a ADA violation. Contact the Justice Department and find a ADA Attorney. Also a expert witness like a Architect is available in these cases.
When HOAs put property values over personal needs☹️
KICH THEM OUT!!!
But when HOAs do this shit, property values PLUNGE because nobody wants to live with an HOA, much less one that the neighbors tell horror stories about.
No they value the procedures and precedent. They would never have denied this had the request been submitted and as the video points out the association even attempted to work with the couple to resolve it despite them not following the correct process. Our association in the 4yrs its been owner controlled has only denied 1 ACC request and then worked with the homeowner to amend the design so it meets the guidelines.
The HOA needs to stand up for this family. It's the right thing to do. They can make an exception to any rule that would prohibit this. They have the power to do the right thing.
I'm disabled only got 1leg I had to spend 8yrs 6months in a wheelchair so I know what it's like to have to like to use one I'm lucky that I was able to regain the ability to walk again this be my second year learning how to walk again so don't let anyone push you around don't give up do what you have to do for your kid
I have only got one vagina
@@batheandrelaxinmyshit6344 +1 Randomness
HOAs have gotten out of control! Mine called me late at night saying I need to install a doggy door on my front and back door. I dont even have pets
Seriously?
HOA'S is so stupid🤪.
My HOA cut off my especially planted flowering plant because it covered up a part of MY sidewalk. I caught the guy cutting it, pitched a fit and they never cut it again. I’ve allowed it to grown into a huge bunch of blooms now and it’s beautiful. 😊
KJS FL I have over 100 flowers in my yard and live in an HOA. Me and my husband receive nothing but compliments from all our neighbors. I wish someone would touch my flowers. You did the right thing. Lol.
The government needs to outlaw home owner’s associations.
Tell Don Payne to shove it and refer him to the Americans with Disabilities Act. Sue him personally and the HOA for emotional stress and lawyers fees as well as the lien on the house. It will take time but you will win. You do NOT have to ask ANY HOA for permission to build a ramp for the disabled on you house. I hope this costs everyone in the HOA a small fortune so they learn their lesson.
That's a violation of the fair housing act if I've ever heard one
not just the FHA But ADA as well
ADA only pertains to businesses, not private residences...
@Brian Fudge huh. That's an interesting point. I wonder if the Ada does apply to the hoa too
and it's likely you never have
Shame on this HOA. They are in violation of ADA. A ramp is not an improvement for two reasons. 1 - it is a necessity! 2 - Ramps do not add to the value, many time it decreases it. My father was part of the President Committee for the Handicap which brought so many changes for the disabled we take for granted. My father was in a wheelchair for years due to illness. This family is precious, caring and loving this beautiful boy. Bless them.
This is so appalling. We grew up next door to our neighborhood’s HOA President, and he made life a living hell for my family. Can’t even imagine how they must be feeling.
Another reason to NEVER live in a hoa district!
HOA’s are jokes. You buy a home and someone else decides how you live. You pay but what do you receive in return.
Nothing worth those dues, that's what.
Imagine having grown men and women telling a child bound to a wheelchair that they’re not allowed to have a ramp to get into their own home....
ADA are the strongest law in the world for protection of persons with disabilities.
ADA does not apply to private residences
And yet the HOA would win most court cases because the homeowner agreed to their rules when they bought the house and are therefore subject to those rules while they "own" the place.
Ridiculous that a group of people can tell someone with a handicapped child to not do what is necessary to help their child.
I have a ramp. Fortunately I don't have an HOA. Their time will come. Some people have to learn the hard way. It is a beautiful ramp.
Fair housing act, take them to court on their dime
I love living in our HOA community, but I realize some are just terrible. When I see what some people go through it’s mind blowing. I hope that things work out for them.
Lisa Robbins Same here. I've been here 15 years and never had any issues.
Ramp is fine, HOA needs to move along.
I do not I've qn HOA but the HOA in this situation is NOT saying they can not have a ramp but that the couple had to put the plans in to the HOA before building the ramp which they did not do, and the CC&Rs require you to do. So after the ramp was built the HOA came back and said landscape in front of it, not that they had to take the ramp down. I think that is a good compromise seeing as though the HOA could require them to take it down if it did not meet HOA standards. It does look like a pretty solid well built ramp that is not bad looking so they should learn there lesson and just put landscaping in front of it.
The HOA should also take the lean off the property for the mailbox, it has been remedied.
Why would anyone want a hoa they are too controlling
This family is a blessing.
It doesn't make sense to put bushes in front of the ramp. Bushes will hold moisture against the wood thus making the wood rot even faster. Then when it comes time to replace rotted out pieces, the stupid bushes will be in the way making it harder to reconstruct the damaged areas. What is so horrible about having a ramp to the front door?
"Oh no, we can't let any one know a handicapped person lives here!"
Please , don't buy houses in an HOA neighborhood, they will govern your lives worse than the government already does.
Dumbest argument so far. Not smart enough to space out the landscaping properly?
I would file a disability discrimination lawsuit and have their papers served
, y'all need to keep this in mind somebody on the H O A decided to dedicate all their free time to police you and tell you what you can do on your private property think about what kind of person that is
I just can’t get over how incredibly huge all the houses are when they did that drive by scene. Plus they all had massive lawns, Is that normal for America?
No.
I would never buy a house in a HOA . I feel for you .
These are amazing people that should not be treated that way, shame on the HOA. May God bless this couple and their family
how did HOA get this power over you unless you signed it over them when you bought the house?
To quote Erik from X-Men: "Why do you ask questions to which you already know the answers?"
@@cameraredeye3115 those are called rhetorical questions.
Is there any update to this story on the ramp within this HOA property? Does anyone have any update information?
WTF... HOA's are straight up heartless.
I can't get my head around the idea of someone telling me what to do with my own property , thank god these are rare in the uk.
ADA will eat them alive. Get a shark lawyer and sue the hell out of them.
try again....
www.eeoc.gov/facts/adaqa3.html
Does the ADA cover private apartments and private homes?
A. The ADA generally does not cover private residences. If, however, a place of public accommodation, such as a doctor's office or day care center, is located in a private residence, those portions of the residence used for that purpose are subject to the ADA's requirements.
Does ANYONE know what ultimately happened? I sure wish they’d link to an update if there is one!
Thats what happens when you buy an HOA
People need to start suing homeowners associations for devaluing their property. All you need is one certified letter from somebody saying that they're not going to buy your house because of the over burden of the HOA and you have a valid lawsuit.
The simple solution is not to move into HOA houses.
What a simple solution, when you don't already live there.
I've watched a bunch of HOA videos recently and this is the best produced by far. I hate the "JOHN AND JANE HAD A SHED IN THEIR BACKYARD" reporter voice every 30 seconds. I just need the actual homeowners explaining the issue with the reporter questions not in audio. So thank you
HOA = Gestapo!
Which is why HOA boards attract unscrupulous people.
Power corrupts; abolute power courrupts absolutely.
I agree with the HOA this family needed to consult with the HOA to make sure it was ok they didn't do it too sad
love mycàts dont move to the south you will get shot with that shitty ass attitude
easy solution... don't live in a HOA....
exactly.
What if they purchased and lived in thier home befor the hoa started? Then thats thier fault???
I was an engineering dept. manager with a major rapid transit district. I was the company rep on our civilian ADA advisory board. I can't think of a single instance where ADA rules/requirements do not override local, regional or state codes. And I guarantee you that includes HOAs. In this case I would suggest to the HOA that THEY hire a landscaper to improve the view from the street. It would be significantly cheaper than a legal battle.
Good point
Deaf, blind, cerebral palsy, 70 pounds, can't hold head up, broken arm, helmet, wheelchair bound.... The real story is that this poor kid wasn't euthanized. We treat dogs better.
Gantmj, you are a troll.
If you think about it he's right.....
You don't disable people, just because they are disabled. Those countries where euthanasia is legal, clearly lay that choice with the person in question, no 'well meaning' family members or medical staff. Without an explicit question from them, doctors aren't even allowed to contemplate about the question. The poor boy may be severely disabled, he might be happier than most of us...
And on the other hand he could be praying for death and unable to communicate it to the world.
True. However I prefer keeping someone alive who might want to die over killing someone who might want to live. The only way we can be sure someone wants to die is when they can say so.
A complaint filed AT THE FEDERAL LEVEL (ADA) should bring the HOA into compliance with the law.
The American people are praying for you and your children!!!!! This is wrong!!! God bless you and your family!!!!
I just started to watch this and wanted to mention. BRICK mailboxes are illegal. If a postman were to slide into that he could get harmed. A post must be a "snap away" to provent harm. The Supreme court needs to rule that any homeowner can withdraw their HOA membership and stop paying in dues to an organization they don't want to be part of.
Can you cite the law? I believe postal regulations specify height and setback only.
🤬 It's completely out of the ordinary, you don't have to "camouflage" the fact that a person with a disability lives here, it can actually also affect a person from the HOA.😡
So, the HOA doesn’t really have any issues with the ramp. The owners defied the process. Refused to send specs to the HOA. They chose to take the “ask for forgiveness; don’t ask for permission” approach in an HOA. HOA simply asked for landscaping around the ramp. The owners failed to meet the simple request AFTER failing to follow the process they were very aware of. This is a homeowner problem. Not an HOA problem. These homeowners chose to fight against the HOA. Every step of the way. Their neighbors understand the need for a wheeelchair ramp. They don’t understand why the owners defy the process, and can’t bother meeting the landscape compromise.
Totally just plant some big bushes. Those houses must be worth millions. Plus taking care of 10 kids just cost a lot, I’m sure they can afford it.
You shouldn't have to get approval to get something like this done! As long it was constructed within codes and is not an eye sore which this one isn't, then everybody else needs to keep their nose out of this family's business and let them do their thing! God Bless this couple for saving so many children! The HOA needs to stay out of this!!!!!!!!
but,but, but , it says you agreed to put landscaping in front of it so what happen ?????????
So how did this end? Did they move? Fight the HOA under ADA guidelines? Enquiring minds want to know!
I live in Kansas City. I do have some health issues. Be very careful with Contractors in the Kansas City area.
Can someone please explain to me the point of the HOA. Why the hell does anyone get to decide what anyone else does with their own property.
Someone might Marisa but we aren't sure you would understand.
The Americans with disabilities act forbids anyone from interfering with such accommodations for persons having such disabilities get a lawyer and sue the HOA for discrimination!
Anyone know what became of this?
They cannot do that. ADA needs to be called in.
Thee ADA isn't an agency for Christ's sake. It's a piece of legislation enacted to protect Americans with disabilities.
It isn't an "improvement being made". It is a "reasonable accommodation" for an individual with a disability.
The brick mailbox is illegal if it's along the road. The US postmaster has laws in place that say mailbox mountings have to be breakaway. That's Federal law, that trumps any busybody HOA.
Just because the HOA does something does not make it right or legal. in this case they are obviously not in compliance with the Americans for disability act simply sue them in court or have your lawyer send them a letter stating they are in violation of the act and to leave you alone. I lived in an HOA and the back of my property had a lot of trees. The property was on a hillside and the trees eventually grew to a height where they blocked my neighbor's views. I got a notice from the HOA telling me I would have to trim my trees in order to restore the views of my neighbor. I checked my deed and there was no view easement (yes such a thing exists). I told them that there is no view easement on the property and I am not cutting the trees. If you send anyone to my property to cut the trees you will be trespassing and you will be sued for any damage done to my property. A few months later they sent a crew out to cut the trees, Luckily I work from home and when I heard the chainsaws I went outside and saw workers in the trees about to cut them. I told them to get them they were on private property. they told me they had orders from the homeowners association to cut the trees. I told them that if they touch the trees and do not come down and get off my property immediately I will call the police and have them arrested for trespassing. They immediately came down they called the management company for the homeowners. I told the management company regardless of their orders from the homeowners association they are on private property and they should never enter my property again. They try to argue with me but I told them the next time anyone from the homeowners association enters my property I will simply have them arrested. They stop bothering me.
Yes, exactly. There need not be any hesitation when the law is clearly on your side.
The ramp looks great it matches the home, is it because it is a handicap ramp and it shouldn't be seen?? Only thing i can think of for wanting to hide it with bushes..
Can you do an update?
I wonder if the Americans With Disability Act has anything to say about this. I know that in Arizona the state can't prevent someone using their property. A wheelchair ramp is an assistive device.
The total violation of the Americans With Disabilities Act
This was 4 years ago... What was the outcome?
This and other HOA horror stories is the reason why I refuse to buy a home in an HOA. Lived in 2 so far and both were experiences.
What exactly prevents the HOA from offering the familly to use the HOA’s funds and build some better looking permanent structure?
A town I used to live in required over $500 in permit fees plus detailed drawings from a licensed architect for them to even consider granting a permit.
Most people build them without a permit them dare the town to complain.
Discrimination against anyone with a disability can hit serious felony charges real bad.
The HOA has no legal right to deny your child access to his home. Call the ADA and contact a lawyer that specializes in this and file a huge lawsuit against the HOA and soak them for as much $$$ as you can plus lawyer and court costs. I have a similar situation as this couple and live in a HOA. I would not hesitate to call up my special needs attorney and file a Big lawsuit against my HOA. So far I have had no trouble with them.
WHY DO HOAs EVEN EXIST?! Please explain...
Pauline Hanson
They should have that ramp. Back in 2012 that I broke my left ankle from a bad car accident. The first day it was hard to get in the house. My father and his friend built the ramp on the front porch and a little one from the driveway to the front porch. It was so much easier to transport me in the wheelchair on it. I still had to get off the wheelchair inside the house to the outside by using the walker. The ramp is still up since a new family had moved into the house. Both of my parents are gone. I do missed seeing them.
HOAs were not controlling until laws were passed that the HOA can take your home. Now the HOA's know they can do what they want and you have to follow the rules or lose your home. In fact, sometimes the goal is not to raise money by making rediculous rules and fines. The goal is to make fines so high that you cannot pay them, so they end up with your home.
How can a homeowners association be that heartless
The house with the handicap ramp was the most architecturally pleasing.
Over time, homeowners associations become staffed by the most petty and power-hungry people in the neighborhood. These are the people who love to control others. That's why they join the homeowners association. If there ever was anybody good on the homeless Owners Association, they have probably quit so they wouldn't have to deal with these horrible people.
Under the FFHA & CFHA, a HOA cannot legally refuse to make reasonable accommodations in its rules or policies when such accommodations are necessary for a disabled owner to fully enjoy and use their unit.