[WSBARP] Condo HOA Issue

[Mark Anderson]

Dear All:
H & W own a condominium.  W has a mobility disability covered under the ADA.  A reasonable accommodation for W's disability was to replace existing carpeting in the entryway with hard surface flooring.  The condo declaration says that owners cannot change carpeting without board approval (a sound deadening issue).  W requested an accommodation under the ADA to approve the replacement of carpet in their entryway with hard surface flooring.  The board agreed that H & W may replace their carpeting with hard surface flooring on the condition that H & W remove the hard surface and replace it with carpeting prior to putting the property up for sale.
Question: May approval of an ADA accommodation be made conditional?
Any other thoughts on this?  Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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