In May of 2016 the Association implemented a rule that allowed owners to bring furniture to the pool area for their use “but they must remove these items daily when they leave the pool area.” Unit Owner claimed he needed a reasonable accommodation to leave his orthopedic lounge chair at the pool for medical reasons. The Association initially allowed the chair to be left at the pool, but also requested further clarification of the request, specifically seeking: 1) a doctor’s recommendation that the chair was medically necessary for the owner’s physical disability, 2) confirmation that the chair he was using was in fact an orthopedic lounge chair, and 3) the weight of the chair. The unit owner submitted three doctor letters:
- Doctor 1 stated the Unit Owner’s “disability required the “use of an appropriate chair to accommodate his disability.”
- Doctor 2 stated that he recommended that the Unit Owner “use an orthopedic lounge chair for his neck and back issues and also that he not lift ‘equipment or materials over 15 pounds.’”
- Doctor 3 stated that the Unit Owner’s “anti-gravity chair helps his prostate condition.”
The Association took the position that the doctor letters did not clearly address the Unit Owner’s situation or the need for a certain type of chair, and then rescinded the initial accommodation. The Association did state that it would reconsider the matter if the Unit Owner submitted all requested documents.
Continue Reading Residents are Not Owed Preferred Accommodations for Disability