Fair Housing Act says HOA needs to have wheelchair access for common areas

Q: I was recently elected to the board of directors of our homeowners association. Our association consists of 165 homes in a gated development with limited amenities including two tennis courts and a community park. The HOA is responsible for the maintenance of the common areas and the individual homeowners are responsible for the upkeep of their home and yard. The HOA has been in existence since 1978.

Recently, one of the homeowners, who is confined to a wheelchair, requested that we retrofit the tennis court access as well as access to the park and the partial removal of the speed bumps so that he can train in our neighborhood. The curbs in our project are rolled curbs, which should be compatible to his wheelchair. Is the association is responsible and/or liable to make corrections under Americans with Disability Act?

A: The association does not fall under ADA Act but falls under the Fair Housing Act which has similar laws but there are differences.

If, for example, the homeowner wanted to change the entryway to his unit to accommodate a wheel chair, that would be at the expense of the homeowner. As to the common area, the association would need to make modifications for your homeowner to have access.

Q: Can the president of the board refuse to recognize another board member wanting to speak if they politely and properly ask for the floor by raising their hand to be recognized? Can a board president interrupt another board member and try to stop them from speaking as long as the speaker is being polite? Can a board president stop another board member from speaking if the board presidents feels the speaker is grandstanding? Does the president have the authority to determine what is grandstanding?

Are there any time limits concerning how long a board member can speak if they are recognized by the president? Are there any laws besides Robert's Rules of Order that cover this type of situation?

What can a board member in Nevada do as recourse if the president continues to interrupt and tells them to cease talking?

A: First, there are procedures that can be found in Robert's Rules of Order. Here are just a few that are the responsibility of the president: opening the meeting, calling the meeting to order, announcing the proper sequence of business to be transacted (i.e. agenda), recognizing members who are entitled to the floor, protecting the assembly from obviously frivolous or dilatory motions (intending to cause delay) by refusing to recognize them and enforcing the rules of debate and expediting business in every way compatible with the rights of the members.

If your association president abuses his or her position, the board members can make a motion to remove him or her as president under most governing documents. Please note that he or she is still a director, as only homeowners can remove a director. Remember, homeowners elect directors and the directors elect their officers.

It would have to be noticed on an agenda -- again most governing documents allow a majority of the directors to call for a special board meeting to place this issue on the agenda if for some reason the president tried to prevent this issue from being voted by the directors on a regular board meeting agenda.

Also under Robert's Rules, if the president did make a decision for example telling a director that his time has expired, the board members could vote to overrule his or her decision.

As to time lines, yes, the president could announce time lines for various issues in order to help expedite the meeting and yes, the majority of the board members could override the president's ruling.

Barbara Holland, CPM, and Supervisory CAM, is president of H&L Realty and Management Co. To ask her a question, e-mail support@hlrealty.com.