While some associations may try to prohibit them, court cases and many state statutes make it clear that prohibitions cannot apply to group homes. An example of disability accommodation involved a disabled woman who purchased a condominium in the Pacific Northwest. She was informed that she needed board approval and should make a written request. Several days later, the request with a short statement from her doctor attached was received and promptly forwarded to the Board President for consideration. The board disagreed with the recommendation and hired another lawyer who advocated more aggressive handling.
Disabilities are a fact of life and, now, law.
So far, the Americans with Disabilities Act has not specifically targeted homeowner associations so the boards still have considerable latitude on disability questions. However, boards that unilaterally deny reasonable accommodations may be targeted to close the loopholes in the law. It is good policy not to test these waters. When it comes to disability questions, the board is challenged to include compassion, reasonableness and creativity in its decision making. It's an exciting challenge.