NuGrape Lofts HOA Policy

The purpose of this policy is to document the NuGrape process for complying with The Fair Housing Act, 42 U.S.C. 3601 et seq., regarding parking space assignments. NuGrape Lofts Condominium Association, Inc. is a private entity serving its Owners in-common. As such, The NuGrape Common Element facilities (with the exception of the sidewalk) are not a place of public accommodation and therefore, these facilities are not subject to the Americans with Disabilities Act (ADA) guidelines and requirements.  

However, as NuGrape Lofts is a housing provider, it is required to comply with the Fair Housing Act at all levels (federal, state, county, and city). This policy serves to inform all NuGrape Owners, residents, and Board members of how the Association expects to comply with reasonable accommodation requests for parking space assignments for an individual covered under the Act. Accommodation requests under this policy may be made only for condominium residents, not for guests of residents.

1. The Board and its agents shall comply with the Fair Housing Act when following these standard procedures for reasonable accommodation requests for Association parking assignments or parking policy modifications related to a resident’s disability. These standard procedures are summarized in this document and all parties are encouraged to explore the references and citations to applicable laws herein.
2. The FHA prohibits certain discrimination by direct providers of housing whose discriminatory practices make housing unavailable to persons because of race or color, religion, sex, national origin, familial status, or disability.
3. The definition of disability as used by the FHA requires that the physical or mental impairment substantially limit one or more major life activities, which means that it has a significant impact on activities that are central to daily life, such as seeing, hearing, walking, or caring for oneself.
4. What to expect when requesting a reasonable accommodation:
   1. Although it does not require it, the FHA recommends that a record of the request for reasonable accommodation be in writing, regardless of who makes the request. Accommodation requests may be made only for condominium residents, not for guests of residents.
   2. A request for reasonable accommodation does not need to include detailed medical information about the individual’s disability and should include only enough information so that the accommodation the individual is asking for can be clearly connected or related to their disability.
   3. If a person’s disability is readily apparent, obvious, or previously verified by the Board, and if the need for the requested accommodation is also readily apparent or has previously been documented by the Board, then the Board may not request any additional information.
   4. If the disabling condition is not visible nor obvious, the disability status is unknown, or the relationship between the request and the disability is unclear, then the Board may need a little more information to confirm how the requested accommodation is directly related to the individual’s disability—the FHA calls this “verification”.
      1. The verification process is necessary to evaluate the disability and/or disability-related need for the accommodation.
      2. Verification can be provided by a medical professional, a peer support group, a non-medical service agency, or a reliable third party who’s in a position to know about the individual’s disability. Medical records shall not be requested as a part of this policy and process.
   5. Requests for Reasonable Accommodation can be denied for several reasons. These may include when the request is not related to the disability, is not reasonable, lacks verification, results in an undue financial and administrative burden on the Association, and/or requires a fundamental alteration of the Association, Declaration or Bylaws, is outside the scope of authority of the Association under the Declaration or Bylaws, or unreasonably interferes with use of the Condominium by other residents.
   6. The Board of Directors will make reasonable efforts to expedite all valid requests for a parking reasonable accommodation. A request for reasonable accommodation may take up to 30 days to complete. Please note that depending on the request and unforeseen circumstances some requests may take more than 30 days, especially those which require additional information from medical professionals.
5. If the request is approved, the parking accommodation shall be made using one of the following options:
   1. Temporary voluntary parking space reassignment between two homeowners
      1. If the resident requesting an accommodation, the Owner of the Unit occupied by such resident (if the resident is not the Owner), and another Unit Owner agree to a swap of parking spaces to address the requested accommodation, that swap will be accomplished by a written agreement signed by all such parties, as provided below.
      2. If parking spaces assigned to the two Units are assigned by Board resolution and not as permanent Limited Common Element (LCE) parking spaces, the resident and Owners of the two affected Units shall: (1) execute a written agreement to swap the assigned parking spaces indefinitely or for such shorter duration as may be provided for in such agreement; and (2) provide a copy of the signed agreement to the Board so that the Board may update the Association’s parking assignment resolution.
      3. If parking spaces assigned to the two Units are assigned as permanent Limited Common Element (LCE) parking spaces, the resident and Owners of the two affected Units shall: (1) execute a written agreement to temporarily swap the assigned parking spaces for so long as both Owners own the respective Units or until the reasonable accommodation is not required by the resident requiring the reasonable accommodation, whichever occurs first; and (2) provide a copy of the signed agreement to the Board. The agreement will not make a permanent reassignment of the Limited Common Element parking space unless the affected unit Owners execute and record in the Fulton County, Georgia land records an amendment to the Declaration which permanently reassigns such Limited Common Element parking space. 
      4. The Association cannot require or force two Owners to swap parking spaces.
   2. Temporary parking space reassignment between the requesting homeowner and a Common Element parking space
      1. If the resident requesting an accommodation, the Owner of the Unit occupied by such resident (if the resident is not the Owner), and the Board, on behalf of the Association, agree to a swap of the parking space assigned to the Unit requesting the accommodation with an unassigned Common Element parking space to address the requested accommodation, that swap will be accomplished by a written agreement signed by all such parties, as provided below.
      2. If the parking space assigned to the Unit is assigned by Board resolution and not as permanent Limited Common Element (LCE) parking space, the resident, Owner of the affected Unit, and the Board shall: (1) execute a written agreement to swap the assigned parking space with an unassigned Common Element parking space indefinitely or for such shorter duration as may be provided for in such agreement; and (2) provide a copy of the signed agreement to the Board so that the Board may update the Association’s parking assignment resolution.
      3. If the parking space assigned to the Unit is assigned as permanent Limited Common Element (LCE) parking space, the resident, Owner of the affected Unit, and the Board, on behalf of the Association, shall: (1) execute a written agreement to temporarily swap the assigned parking space with an unassigned Common Element parking space for so long as the Owner owns the Unit or until the reasonable accommodation is not required by the resident requiring the reasonable accommodation, whichever occurs first; and (2) provide a copy of the signed agreement to the Board. The agreement will not make a permanent reassignment of the Limited Common Element parking space unless the affected unit Owner and the Board execute and record in the Fulton County, Georgia land records an amendment to the Declaration which permanently reassigns such Limited Common Element parking space.
         1. Notwithstanding permanent reassignment as described above, an effective swap shall support the following provisions:
            1. The vacated, originally assigned parking space shall be protected and not permanently assigned as a Limited Common Element so, upon termination of the swap agreement, the swapped parking spaces can be reverted to the designations in effect prior to the start of the agreement. The Board may, however, execute a temporary, renewable license or use agreement with any Owner which does not exceed a term of one (1) year for exclusive use of the now vacated, originally assigned parking space, at such rate or for such fee paid to the Association as the Board determines. Allocation of the parking space must follow the NuGrape Common Element License Allocation Policy.
            2. If the swap agreement is terminated and the vacated, originally assigned parking space is under an active license or use agreement, the license and use shall automatically terminate on the effective termination date of the swap agreement. This provision is a required element of the license or use agreement.
      4. Upon commencement of the swap agreement until it is terminated, the Association shall erect signage (such as “Reserved Parking 24 Hours”) at the parking space used for reasonable accommodation for the exclusive use of the Unit requesting the accommodation. And, the vacated, originally assigned parking space shall be treated as an unassigned Common Element parking space with all applicable rules and regulations thereof.