A wheel chair bound unit owner has been renting his units out. He purchased the units while in a wheelchair over 3 years ago. The elevator is on the lobby level which is built over the parking lot. You must climb 13 stairs to get to the elevator. He demands that volunteer residents carry him up and down the stairs so he can visit and inspect his rental units on the 15th floor. Otherwise, he'll sue the condo assn. under the ADA for an elevator chair on the banister to travel the stairs. Since he has incorporated ownership of the rental units, he used to hire people to carry him for the stairs. He has apparently stopped that practice.
2006-12-22 14:42:36 · 5 answers · asked by Peter L 1 in Business & Finance ➔ Renting & Real Estate
If he bought the units while he was in a wheelchair, then he knew the building wasn't accessible and bought anyway. It's his responsibility to hire someone to carry him if he needs it, or to hire someone to inspect the units for him, it's not the association's responsibility. Further, if someone carrying him drops him, he could sue them. I would NOT carry this guy. If I were an owner of another unit, I would talk to the association about proactively getting a lawyer in advance, and the lawyer should write the guy and tell him to knock off getting volunteers to carry him. The association would also be liable if they didn't take action against the guy's practices, and knew about them, and then someone hurt their back carrying him, so it's in the association's interests to intervene now. You should refer this to the board of directors.
Oh, and a banister elevator on the stairs costs about $7,000 and may be useful to other residents, so that's another way of taking care of the problem if the association wants to do it, but I would imagine they wouldn't want to give in to this guy's blackmail, either.
2006-12-22 17:47:30 · answer #1 · answered by Katherine W 7 · 0⤊ 0⤋
If he owns the building then I would think that it's his responsibility to put in an elevator chair. He can't force people to carry him up the stairs.
2006-12-22 22:52:11 · answer #2 · answered by cat 4 · 0⤊ 0⤋
i agree with the other answers..its a no
and don't move this guy..
he bought into the situation..........and to change..this there are rules and...it is the "registered condominium act".. your by-laws are registered with the building..
he has to go to the meetings and get a 90% vote to change these rules..
if he owns the building...and all the units..he still has to register the changes...no private person should be moving this person without being properly insured..or hired or contracted.if anyone moving him is hurt you will have to sue for your injury..and..your not qualified to be doing this and it could end up costing that person for doing something they were not qualified to do...
to think your being friendly and to move this guy because your a nice person is totally different..but then you have to be clear..that he knows this person is just trying to be helpful and not qualified..
nurses ..qualified to move this guy carry insurance and take years of training..
2006-12-23 04:22:27 · answer #3 · answered by m2 5 · 0⤊ 0⤋
The ADA puts in rules for new construction, or for major renovations to existing construction.
There can be local rules about accessibility, but they're rarely retroactive for private structures.
2006-12-22 22:56:31 · answer #4 · answered by Judy 7 · 1⤊ 0⤋
I was under the impression that all buildings must be wheelchair accessible
2006-12-22 22:55:20 · answer #5 · answered by Anonymous · 0⤊ 1⤋