Condominium Disability Discrimination

Massachusetts ruled that a disabled condominium owner attempted to hold the condo association responsible for the cost of modifying a patio. The case, which alleged unlawful discrimination and retaliation, was dismissed, and the dismissal was upheld on appeal. The association was not obligated to cover the modifications.

WHY THIS IS IMPORTANT… Under certain circumstances, the Massachusetts antidiscrimination statute requires the owners of specific multi-unit housing accommodations to cover the costs of reasonable modifications needed to allow handicapped occupants full enjoyment of the premises. Since the patio was reserved exclusively for the condo owner, even though it was considered a common area under the master deed, the association was not required to fund the necessary modifications. This is because the association did not own the unit and was not offered for sale, lease, or rental by the association.