M.A. from New Haven County writes:
Dear Mister Condo,
I am on the board of a condo with stacked units. We received a complaint about a treadmill in the unit above. The treadmill user states her Doctor prescribed exercise to alleviate Migraine headaches, which it has done. She does not use it during sleep hours and has placed pads beneath it to help with noise. Can the condo further restrict the use of a treadmill within a unit if it’s ordered by the doctor? Would this be an ADA issue? Thanks!
Mister Condo replies:
M.A., thanks for your question. You have a bit of a sticky wicket here and I was torn on how to advise you so I reached out to an attorney friend of mine who practices in this area of law and posed your quandary. Here’s what the attorney had to say about it:
“There is no simple yes or no answer to this question. Generally, the Board can adopt a uniform rule against making noise which disturbs other residents, but the Board must also make “reasonable accommodations” to such a rule for people suffering from certain medical conditions. Whether or not this situation qualifies, and how far the Board could go to restrict use of the treadmill, would be difficult to determine without consulting with a knowledgeable attorney on all of the relevant details. What is much more certain is that the Board is not obligated to get involved in what is really a dispute between two owners.”
That certainly sounds like good advice to me, M.A.. Consult with an attorney and get solid legal advice before proceeding. Good luck!