G.K. from outside of Connecticut writes:
Dear Mister Condo,
I need to park a small RV in our driveway to accommodate our severely disabled daughter. The HOA has refused to grant the accommodation since the CC&Rs prohibit RVs parked for more than 24 hours. Do you have any fair housing cases where families have been allowed to park an RV on their lot?
Mister Condo replies:
G.K., I am sorry that your HOA has decided to enforce a rule that affects you and your disabled daughter. These are the types of stories that tend to give HOAs a “bad reputation”. I am not an attorney so I cannot offer legal advice or case history for you to draw from. However, I will tell you that I think you are on to the right approach of how to make the HOA back down. The FHA does require community association to make “reasonable accommodation”. From what you have told me, your request is completely reasonable. If it was causing the HOA a hardship by allowing your RV then I might have different advice but you don’t mention anything like having your RV parked in your driveway prevents other homeowners from being able to drive down the street. It sounds like the HOA is simply trying to prevent any homeowner from parking RVs on the property, which is their prerogative. However, it is also their prerogative to handle your request properly and make sure they are providing “reasonable accommodation”, which doesn’t appear to be the case. Cite the FHA rule if you need to and hire an attorney to make sure you have solid legal ground. The attorney will be familiar with cases similar to yours. My guess is you will prevail. Good luck!