retaliatory attorneys fees

[eeglas]

What is the name of your state? California

We are pursuing a request for reasonable modification of our dwelling to allow my cardiologically disabled mother the ability to enjoy her balcony. We have requested a modification to an existing balcony cover before to the homeowners association, all requests denied with no explanation. Our previous requests, however, did not go to the extent of describing this disability and the need for the modification. So, we are now going to re-request citing the Fair Housing Act for reasonable accommodation of persons with disabilities. We have the appropriate forms from the housing agency, a letter from her cardiologist, and a cover letter outlining specifically our request linking it more directly with the health concern.

However, the board said that if we pursued this with them that we would be responsible for their attorney's fees and other costs to review the HUD forms, etc. Isn't this retaliatory? I thought I saw some place that it is illegal to pass on attorney's fees if one if pursuing the application of this federal law, yet I cannot find this reference.

[HomeGuru]

Originally Posted by eeglas

What is the name of your state? California

We are pursuing a request for reasonable modification of our dwelling to allow my cardiologically disabled mother the ability to enjoy her balcony. We have requested a modification to an existing balcony cover before to the homeowners association, all requests denied with no explanation. Our previous requests, however, did not go to the extent of describing this disability and the need for the modification. So, we are now going to re-request citing the Fair Housing Act for reasonable accommodation of persons with disabilities. We have the appropriate forms from the housing agency, a letter from her cardiologist, and a cover letter outlining specifically our request linking it more directly with the health concern.

However, the board said that if we pursued this with them that we would be responsible for their attorney's fees and other costs to review the HUD forms, etc. Isn't this retaliatory? I thought I saw some place that it is illegal to pass on attorney's fees if one if pursuing the application of this federal law, yet I cannot find this reference.

**A: cite the clause that supports their position from the HOA docs.

[eeglas]

Thanks. Not sure I understand what you mean by "cite the clause that supports their position from the HOA docs." Their position re charging us their attorney fees? Can't find such a clause.

The clause that they cite for denying us the request to modify our balcony cover? They cite some nebulous Article V Section 18 that just says improvements or modifications must take into "consideration of the aesthetic aspects of the design, placement and other features in the context of the overall benefit or detriment to the community as a whole." However, what they don't cite, but is in the documents, is the next section that says "owners, at their expense, can modify their living unit to facilitate access for disabled persons... or alter conditions which would be hazardous to these persons."

Anyway, we don't believe their decision is reasonable and was not made in good faith and certainly doesn't seem to allow for the reasonable modification that the Fair Housing Act allows. I thought I read somewhere in HUD literature or under the Fair Housing Act or California's Davis-Stirling Act that it is considered retailiatory to charge us their attorney's fees if we pursue enforcement of the Fair Housing Act. But, I can't find that anymore and was wondering if that is indeed illegal.

Thank you.

[HomeGuru]

Originally Posted by eeglas

Thanks. Not sure I understand what you mean by "cite the clause that supports their position from the HOA docs." Their position re charging us their attorney fees? Can't find such a clause.

**A: that's my point. Ask them.
********

The clause that they cite for denying us the request to modify our balcony cover? They cite some nebulous Article V Section 18 that just says improvements or modifications must take into "consideration of the aesthetic aspects of the design, placement and other features in the context of the overall benefit or detriment to the community as a whole." However, what they don't cite, but is in the documents, is the next section that says "owners, at their expense, can modify their living unit to facilitate access for disabled persons... or alter conditions which would be hazardous to these persons."

Anyway, we don't believe their decision is reasonable and was not made in good faith and certainly doesn't seem to allow for the reasonable modification that the Fair Housing Act allows. I thought I read somewhere in HUD literature or under the Fair Housing Act or California's Davis-Stirling Act that it is considered retailiatory to charge us their attorney's fees if we pursue enforcement of the Fair Housing Act. But, I can't find that anymore and was wondering if that is indeed illegal.

Thank you.

**A: you may have a point.