General Discussion

marylandblue

(12,344 posts)

60. A 3rd party agreement can't block a public agency doing it's duty

Wed Aug 15, 2018, 03:42 PM

Aug 2018

For example, an HOA agreement could not prevent you from calling the police in an emergency, or prohibit you from calling the building department to investigate a code violation.

From the parent perspective, the parent is required to send their kid to school. An HOA can't stop you from sending your child to school, force you to put your child in danger to do so, or force to not comply with the IEP. An example of this is when a child is homebound. The school may send tutors to teach the child. They can't say the tutor is not allowed on HOA property.

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Oregon homeowner's association refuses to let bus come into neighborhood to pick up a girl with [View all] turbinetree Aug 2018 OP

More of that conservative #Civility. Initech Aug 2018 #1

I moved into a HOA community. Worst mistake I have ever made. olegramps Aug 2018 #29

Yup workinclasszero Aug 2018 #42

No mention of the ADA in the article. DURHAM D Aug 2018 #2

The ADA only applies to government services and public accommodations Major Nikon Aug 2018 #3

Not quite. Every single corporate project I've ever worked on has to be Guy Whitey Corngood Aug 2018 #4

It's a tougher fight when it's against an HOA Lee-Lee Aug 2018 #9

They'll have plenty of help. Bet this goes away fast. Bet that state legislator gets on their side. marble falls Aug 2018 #11

Political signs and flags aren't ADA issues. kcr Aug 2018 #18

Don't be so sure Lee-Lee Aug 2018 #22

I'm a licensed Realtor in three states Sedona Aug 2018 #38

But those may or may not apply in this case Lee-Lee Aug 2018 #49

I understand d_r Aug 2018 #80

That's the kind of people who love HOAs Lee-Lee Aug 2018 #81

Not the same situation for a number of reasons Major Nikon Aug 2018 #10

Not just ADA at play. IDEA also comes into the situation. Persondem Aug 2018 #25

Are you certain about all this? thucythucy Aug 2018 #35

I am reasonably certain the ADA does not apply Major Nikon Aug 2018 #52

It is difficult for me to see which particular title of the ADA might apply. thucythucy Aug 2018 #78

Except the school system has an option that makes it all work Lee-Lee Aug 2018 #83

Fair Housing Act has almost identical provisions Nevernose Aug 2018 #15

The difference is the ADA is subject to the public accommodation requirement Major Nikon Aug 2018 #19

Dum as day old dog shit Major Nikon Aug 2018 #5

Wow. They could save so much time and trouble and bad press forgotmylogin Aug 2018 #41

In reality, this mean-spirited HOA is trying to force MineralMan Aug 2018 #6

Also you may not have noticed this FakeNoose Aug 2018 #12

Ding ding malaise Aug 2018 #70

Don't worry! "Ditzy" Devos is eliminating any program that serves special needs children maxrandb Aug 2018 #7

Not funny but I laughed. KentuckyWoman Aug 2018 #14

So they better have only private mail and garbage services in their little sinkingfeeling Aug 2018 #8

I'll bet they claim to be Christians too. Augiedog Aug 2018 #13

And "pro-life". Crunchy Frog Aug 2018 #58

Be best. LakeArenal Aug 2018 #16

Why is it impossible for them to be the least bit nice? ProudLib72 Aug 2018 #17

They NewEnglandAutumn Aug 2018 #20

This HOA doesn't have a leg to stand on. PatrickforO Aug 2018 #21

Stupid, or mean-spirited. thucythucy Aug 2018 #37

There's no reason it can't be both stupid AND mean-spirited mythology Aug 2018 #45

True enough. thucythucy Aug 2018 #77

The HOA's are what my friend and I call "Neighborhood Nazi's" Doreen Aug 2018 #23

If she had a teenager and 2 twelve year-old's why was she doing the mowing? N/T Revanchist Aug 2018 #47

My question too tazkcmo Aug 2018 #64

People are under some illusion that just because she is blind that Doreen Aug 2018 #74

What I want to know is where the non-disabled kids get the bus. PoindexterOglethorpe Aug 2018 #24

Here's the original article without the Raw Story clickbait: The Velveteen Ocelot Aug 2018 #26

n/t ScratchCat Aug 2018 #27

This child has a medical need that requires door-to-door pick up and drop off. Coventina Aug 2018 #33

Sorry, but HOA provisions don't trump federal civil rights law. thucythucy Aug 2018 #39

n/t ScratchCat Aug 2018 #54

The federal issue is the IDEA marylandblue Aug 2018 #55

IDEA only applies to what schools must do or provide Lee-Lee Aug 2018 #57

A 3rd party agreement can't block a public agency doing it's duty marylandblue Aug 2018 #60

There is no legal authority for the school system to force it Lee-Lee Aug 2018 #61

Door to Door transportation is defined by courts as the front of your property marylandblue Aug 2018 #63

But HOAS can restrict what kind of vehicles you use Lee-Lee Aug 2018 #65

In that case the school probably has to use a smaller bus marylandblue Aug 2018 #68

Doesn't matter how legitimate the HOAs reasons are Lee-Lee Aug 2018 #69

It does matter, they can't just make up reasons for restrictions marylandblue Aug 2018 #71

Actually they can do all that Lee-Lee Aug 2018 #72

Yes they may use private services instead of city services marylandblue Aug 2018 #73

Do you know what "n/t" means? Crunchy Frog Aug 2018 #59

Yep ScratchCat Aug 2018 #28

maybe fescuerescue Aug 2018 #34

Here is why the family won't win Lee-Lee Aug 2018 #82

This is why I believe they will win. fescuerescue Aug 2018 #86

It really doesn't matter what they let in Lee-Lee Aug 2018 #87

I'd look at the make up of the neighborhood woodsprite Aug 2018 #40

It could be the age of many of the residents csziggy Aug 2018 #48

You can change the rules all you want. Iggo Aug 2018 #44

Especially if it puts a child or children's lives in danger. thucythucy Aug 2018 #79

I read the article: The HOA are evil hypocrites Coventina Aug 2018 #30

I live in a HOA community in Florida radical noodle Aug 2018 #31

The sort of people who run for HOA boards tend to have an agenda or like power IronLionZion Aug 2018 #32

Thank goodness: Sen. Jackie Winters is a Republican! Hortensis Aug 2018 #36

As soon as I saw "Golf Course Estates" my fuck you projector started humming. Iggo Aug 2018 #43

The lawsuit will be settled, they won't let it go to trial... beachbum bob Aug 2018 #46

Most likely. Ms. Toad Aug 2018 #76

Kick ck4829 Aug 2018 #50

Some HOAs just go crazy with the power... Thomas Hurt Aug 2018 #51

HOA will lose this for sure marylandblue Aug 2018 #53

Nope. The school system still has options and can pick up the child Lee-Lee Aug 2018 #84

The HOA is really stupid. They are going to lose. bitterross Aug 2018 #56

Here is one big reason why the HOA will likely win Lee-Lee Aug 2018 #62

The court will tell the school to use a different vehicle to pick the child up Vinnie From Indy Aug 2018 #66

Yep- that's what I posted above Lee-Lee Aug 2018 #67

Kick ck4829 Aug 2018 #75

The parents actually should be suing the school system Lee-Lee Aug 2018 #85