HOAleader.com - Tip of the Week - April 13, 2018
Published: Fri, 04/13/18
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Virginia Agency: HOAs Shouldn't Be Afraid to Question Requests for Accommodation
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In this week's tip, we report on a Virginia government agency that has issued guidance that essentially tells HOA and condo boards that they can ask reasonable questions in response to requests for comfort animals, and that may mean questions about the duration and location of the treatment the requester has purportedly received, plus more.
The 13-page document was issued in March 2017 by Virginia's Department of Professional and Occupational Regulation. It gives a dry and lengthy background on federal and state fair housing and disability laws. It also essentially follows the framework most experts say is also set forth by the U.S. Department of Housing and Urban Development.
But the document ends with advice on best practices. While stressing that housing providers should "rarely require access to an individual's medical records or details concerning the nature or severity of the person's disability," it also says that doesn't mean that you can't ask "disability-verification sources" for reasonable documentation of their reliability.
Here is specifically what the document says in all its legalese and government agency-speak glory:
"In general, housing providers may ask that the verifier have a therapeutic relationship with the requester, in order to establish their reliability as a 'third party who is in a position to know' about the individual's disability.
Housing providers with reason to believe a disability verification was obtained via telemedicine in particular (e.g., online verification) may authenticate the information to ensure compliance with Virginia Board of Medicine guidance that states, in part: 'Practitioners who treat or prescribe through online service sites must possess appropriate licensure in all jurisdictions where patients receive care.'"
It concludes that if you need to determine if proof of a disability is from a "bona fide practitioner-patient relationship," you may ask the provider to affirm its compliance with Virginia law governing health professions and Board of Medicine official guidance on telemedicine.
Assuming you're in Virginia, it's still not entirely clear the questions you can ask someone who's requesting a reasonable accommodation, but it appears you can ask the person providing the medical diagnosis questions that suss out whether there's actually a patient-medical professional relationship and whether the provider is licensed in Virginia, follows Virginia laws on medical professionals, and adheres to accepted standards for telemedicine.
Beyond that, you're still in a gray area. And frankly, our experts aren't even happy about this level of pushback against the growth of what seem to be fake documentation from residents who've requested an accommodation for a comfort or emotional support animal. Read more in our new article:
https://www.hoaleader.com/members/3705.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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More on the Pushback Against Comfort Animals in HOAs: Virginia Agency Says Be Not Afraid
A Virginia government agency has issued guidance that essentially tells HOA and condo boards that they can ask reasonable questions in response to requests for comfort animals, and that may mean questions about the duration and location of the treatment the requester has purportedly received, plus more.
Click here to read full article:
https://www.hoaleader.com/members/More-on-Pushback-Against-Comfort-Animals-in-HOAs-Virginia-Agency-Says-Be-Not-Afraid.cfm
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New Research: Strong Condo Reserves Raise Property Values
We're discussing research findings that one industry expert calls the holy grail- in this week's tip. The issue is whether strong reserves affect property values. And what exactly is adequate- when it comes to reserves?
Click here to read full article:
https://www.hoaleader.com/public/New-Research-Strong-Condo-Reserves-Raise-Property-Values.cfm
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New Research May Help You Find Your HOA Reserve Sweet Spot
Do strong HOA and condo reserves affect property values? And what exactly is adequate- when it comes to reserves? Robert Nordlund, a reserve specialist who was one of three expert panelists for an HOAleader.com webinar, HOA Reserves and Other Funding Options: Tips to Be a Smart HOA Money Manager, says his company recently identified and measured the link between a strong reserve fund and improved home values. He also says he and others have recently has been able to finally define adequate reserves" for boards, their attorneys, and their D&O carriers.
Click here to read full article:
https://www.hoaleader.com/members/New-Research-May-Help-You-Find-Your-HOA-Reserve-Sweet-Spot.cfm
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Owner Wants Violations Records -- To Use Against Your HOA: What to Do?
In this week's tip, we address a question raised by a reader, who essentially wants to know if owners can request to see notices of violation to other homeowners. The reader also says the owner may be seeking that information to use it against the association. Would that affect how you should respond?
Click here to read full article:
https://www.hoaleader.com/members/Owner-Wants-Violations-Records-Use-Against-Your-HOA-What-Do.cfm
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Pets at Condos and HOAs:
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Here our editorial team and our legal and management experts nationwide have come together to provide information on best practices for handling the difficult issues you face with pets in your community.
Members can download here:
https://www.hoaleader.com/public/Pets-at-Condos-HOAs-Best-Practices-for-Challenges-that-Come-with-Residents-Animals.cfm
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