Reader Questions - Misunderstood Terms, Fair Housing

Kelly Richardson,

Would there be any use in asking for explanations of Condo, Townhouse, PUD, Patio Homes?

Yours,

D.F., Huntington Beach

Dear D.F.,

These four terms are quite different. The term “townhouse” or “patio home” describes the architectural layout of the home. A “townhouse” is normally a configuration in which neighbors may share a party wall, but nobody lives over or under a neighbor. Similarly, a “patio home” may or may not have attached homes which share a single driveway. These are not legal terms, but are descriptive only. A townhouse could be a condominium, a planned development lot or something else – it depends entirely upon the legal document which broke up the real estate into separate homes. Don’t be fooled by the appearance and assume the legal interest – we advise many planned development associations in which the homes are attached “townhouses”, and condo associations in which some or all of the condominiums are detached free standing residences.

A condominium is a legal interest which has no relationship to what is the shape or configuration of the building. A condominium will consist of a block of airspace, called the “separate interest” or “unit” and an undivided equal share in the “common area”, which is everything other than the units.

The term “planned unit development” (aka “PUD”), while commonly used, is a misnomer, at least in California. It does appear in two sections in the current Civil Code, but both instances appear to be drafting errors and are sections outside of the Davis-Stirling Common Interest Development Act. “Planned development” is the term used in the Common Interest Development Act, and is defined by Civil Code 4175. Planned developments involve a separate interest called a “lot” and some type of common area either owned by the association or jointly by all the members.

Thanks,
Kelly

Dear Mr. Richardson,

In our condo complex, one set of stairs leading down to the garage lacks a handrail on the upper set of stairs. Another set of stairs is made of wood, but the railing is not suitable for a person with disabilities. A lower handrail on both sides of the railing would be easier. Is this a reasonable request for the HOA to install? I also inquired last year about a ramp to be installed going down to the garage, but was told it was impossible and if the elderly/infirm cannot get around, they should just move.

I would appreciate your thoughts in this situation,

C.K., Solana Beach

Dear C.K.,

A contractor should be able to help determine if the stairs meet the applicable building codes, and the board should take reasonable steps to maintain the common area and remedy known unsafe conditions. However, the issue of disabled access is very different. The association is required by state and federal Fair Housing laws to make reasonable accommodations at the request of disabled persons. What is “reasonable” can differ, depending upon the circumstances, but an association cannot tell disabled people to go elsewhere.

If it is impossible to build a ramp from the garage, then that accommodation would probably be “unreasonable” and therefore not required by Fair Housing laws. In that case the answer is “sorry, it is not possible” rather than “just move.”

Thanks for your question,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.