Legal Question in Disability Law in Georgia

Sometime ago we fell behind in our homeowners dues. I made an arrangement to bring us up to date last Summer so that my children could use the pool. As per a verbal agreement with the HOA President and Architectural Committee Chair, I diligently completed exterior household projects. They allowed me limited access to the pool. I have a daughter with Down Syndrome who they mentioned could attend the pool for an hour, a few times a week when the pool was quiet. I thought at the time that they were making concessions to work with us. Several times they mentioned that Mary (my daughter had been at the pool) and that "someone" had complained. They would not be specific or tell me who lodged the complaint. Now, I have had no response from either the HOA Management group or neighborhood Chair regarding a payment plan I was supposed to have set up last August. Last week, a car parked in front of my house was towed and I called to inquire as to why only that car was towed. I feel like we are being targeted and discrimated against.

Asked on 1/06/12, 5:39 am

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

It is not clear why you posted this under disability discrimination. From your post, you have not paid HOA dues and your services have been restricted or cut off -- a debtor/creditor issue. That is normal, and you should read your HOA documents for more information. Obviously no one here knows why a car was towed. The question that arises from your post is whether you are attempting to use a disability as a reason to either not pay HOA does or get favorable payment terms for the HOA. It is quite appropriate for homeowners who do not pay their dues to be "targeted" or "discriminated against" to the extent allowed under the HOA documents.

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Answered on 1/06/12, 5:52 am

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