Oregon homeowner's association refuses to let bus come into neighborhood to pick up a girl with

[Lee-Lee]

62. Here is one big reason why the HOA will likely win

The roads are private, and they are allowed to set conditions of use.

They have evidently only objected to the size of the bus because of concerns about the wear on the road. A possibly legitimate concern as busses are heavier than most residential delivery trucks and things like garbage trucks only run once a week and not twice a day.

However the school system has the ability to comply with the students IEP by simply using a smaller vehcle, such as a van or smaller bus, to pick up the child. School systems all over use vans for transporting kids. They use them if kids have special needs or even if it’s a short route. I lived in an area where they used vans to go pick up kids who were in remote areas where it was uneconomical to run the full bus, then the vans met the busses and the kids got on the bus.

Would it cost the school system more? Sure. But there is often additional costs that come from complying with an IEP. The HOA is under no obligation legally to change its rules to make it cheaper for the school to meet the students needs.

So if it goes to court the HOA will say simply “it’s the size of the bus that is the issue,the school is welcome to use a smaller vehcile” and the judge will asktge school why thy didn’t do that. And unless they have a reason better than. “It would cost money” the case will be tossed.