[Enter your name]
[Enter your address]
[Enter Date]
The Board of Governors,
[Enter Name of HOA board]
[Enter Address]
Re: Response to HOA violation letter.
Respectfully,
I have received the HOA violation letter dated [Enter Date] (hereinafter “letter”) from you
regarding the property located at [Enter Address] (hereinafter “property”). This letter therefore
serves as my formal response to your letter. Herein, I will explain, in pertinent facts, why I seek
to be excused from the violation cited in your letter.
First, I highly appreciate your notable efforts to make and enforce rules regarding the properties
within your jurisdiction.
XXX, the previous owner, sold the property to me on or about March XXX. XXX has
Progressive Multiple Sclerosis and a Seizure disorder and has a disability rating with SSI (fixed
income). She is under the care of two neurologists and one psychiatrist. For the said reasons, part
of the deal was that I would lease back the unit to Ms. Paul under current Market rates and make
all the needed ADA (American Disability Act) improvements. She has been our friend of over
thirty years and she therefore deserves to live as an independent adult. For the said reason, we
were convinced that those improvements are helping.
However, on or about [Enter Date], you sent us a violation notice. You informed us that the
Declaration of Covenants, Conditions, and Restrictions have a rule that precludes one from
leasing back property to a previous owner without board approval.
Discrimination under Title III of the ADA includes “a failure to remove architectural barriers …
in existing facilities … where such removal is readily achievable.” See 42 U.S.C. §
12182(b)(2)(A)(iv). In addition, even if “an entity can demonstrate that the removal of a barrier
… is not readily achievable,” the entity is still liable under the ADA if it fails to “make [its]
goods, services, facilities, privileges, advantages, or accommodations available through
alternative methods” so long as “such methods are readily achievable.” Id. § 12182(b)(2)(A)(v).
The ADA defines “readily achievable” as “easily accomplishable and able to be carried out
without much difficulty and expense.” Id. § 12181(9).
After entering the agreement to purchase the property, I duly made the requisite improvements
required under ADA. Notably, I removed any architectural barrier that may have impeded Ms.
Patel’s movement. I also used reasonably available means to ensure Ms. Patel has easy use and
access to the property.
For the aforesaid reasons, I aver that I met all requirements for ADA improvements when I
purchased the property from Ms. Patel. It follows; notwithstanding the fact that I did not seek
your approval as required, I provided Ms. Patel with all ADA improvements that are requisite for
under the ADA for her movement and well-being.
Accordingly, I request I be excused from the violation cited in your letter.
I am looking forward to your prompt response.
Sincerely,
___________________
[Name]
[Address]
[Date]
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