One of our residents is installing a generator (against rules) with a doctor’s note that is it a medical requirement because of an undisclosed phobia. The board was provided with a local psychiatrist’s note. Do we allow it and how do we explain it’s allowance to the rest of community with out disclosing a resident’s medical condition?

I would suggest that the explanation is that the generator is necessary as a reasonable accommodation arising out of a medical condition affecting the property owner.  The Association can keep the medical condition confidential and advise the other owners that the owner in question did submit a supporting documentation from a M.D.

David Hellmuth
Hellmuth & Johnson, PLLC
8050 West 78th Street
Minneapolis, MN 55439
(952) 746-2107
dhellmuth@hjlawfirm.com
www.hjlawfirm.com

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This appears to be a question of whether or not an accommodation must be provided to this owner and, if so, whether this is the only way to accommodate, if it presents a safety or health issue (or loud noise) for other residents, the cost (if any) to the Association, and other questions. The answers cannot be determined from the facts given in the question. This is definitely a legal question to run by the Association’s attorney.

Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
717.846.2246 phone
717.846.2248 fax
saustin@austinlawllc.com
www.austinlawllc.com