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HOA threatens to sue homeowner over wheelchair ramp
Posted: Jun 08, 2015
BRENTWOOD, TN (WSMV) - A Brentwood homeowners association is threatening to sue a family if they don't take down a wheelchair ramp in the next week.
After Michael Broadnax suffered a stroke late last summer, his wife became the head of the household.
Charlotte Broadnax retrofitted her house with a small ramp so her husband could come home for rehabilitation. Now, the homeowners association for the Woodlands of Copperstone is threatening to sue.
"I think it's very, very insensitive," Charlotte Broadnax said.
She received a letter in the mail dated June 1 from Alvin Harris, an attorney representing the homeowners association.
"The association demands that within 14 days of the date of this letter, you remove the wheelchair ramp and restore the exterior of your home," Charlotte Broadnax said, reading from the letter.
The letter went on to list the consequences the homeowner would face if she didn't meet the demands.
" [The Declaration] authorizes the association to come onto your property and remove the ramp and charge you with the work," Charlotte Broadnax read.
The letter then reads, "If you force the association to sue you, it will seek a court order" and charge the Broadnax's for attorney's fees.
Michael Broadnax, a well-known pastor, is currently in the hospital recovering from another brain surgery.
"Within 14 days I have to try to get that ramp down? Within 14 days bring him home?" Charlotte Broadnax said. "When he comes home from the hospital, how am I going to get him in the house?"
The family found out a few days before Thanksgiving that Michael Broadnax could have therapy at his home.
"The nursing home said they were sending my husband home and I needed a ramp put up," Charlotte Broadnax said. She says she promptly hired a legal contractor and had the ramp installed before the nursing home inspection. "I didn't do this to deface my home," she said. "My priority was taking care of my husband."
The family said the homeowners association nor any neighbors ever said anything until now, in the form of a certified letter.
"My husband always took care of the households needs, so I have been forced to be head of household," Charlotte Broadnax said. "If I had known I needed to take these steps, I would've done that."
Channel 4 left a message with Ghertner and Company, which manages the homeowners association. Kathleen Sutherland, Director of Training and Technical Services at Ghertner and Company later sent the following statement:
"The governing documents for this community require that all exterior improvements receive prior approval. A letter was sent to the owner regarding the ramp as no application for approval had been received.
"The board did not know the ramp was for the homeowner, Mr. Broadnax. The association would like to work with the owners on a compromise regarding the appearance and location of the ramp and compliance with any applicable codes."
Harris was on vacation and could not be reached for comment on this story. The codes department for the City of Brentwood is looking into the matter.
The Americans with Disabilities Act and the Federal Housing Act both have protections in place to help with accessibility issues for persons with disabilities. For more information, go to the following link: http://thda.org/business-partners/housing-modification-ramps
Posted: Jun 08, 2015
BRENTWOOD, TN (WSMV) - A Brentwood homeowners association is threatening to sue a family if they don't take down a wheelchair ramp in the next week.
After Michael Broadnax suffered a stroke late last summer, his wife became the head of the household.
Charlotte Broadnax retrofitted her house with a small ramp so her husband could come home for rehabilitation. Now, the homeowners association for the Woodlands of Copperstone is threatening to sue.
"I think it's very, very insensitive," Charlotte Broadnax said.
She received a letter in the mail dated June 1 from Alvin Harris, an attorney representing the homeowners association.
"The association demands that within 14 days of the date of this letter, you remove the wheelchair ramp and restore the exterior of your home," Charlotte Broadnax said, reading from the letter.
The letter went on to list the consequences the homeowner would face if she didn't meet the demands.
" [The Declaration] authorizes the association to come onto your property and remove the ramp and charge you with the work," Charlotte Broadnax read.
The letter then reads, "If you force the association to sue you, it will seek a court order" and charge the Broadnax's for attorney's fees.
Michael Broadnax, a well-known pastor, is currently in the hospital recovering from another brain surgery.
"Within 14 days I have to try to get that ramp down? Within 14 days bring him home?" Charlotte Broadnax said. "When he comes home from the hospital, how am I going to get him in the house?"
The family found out a few days before Thanksgiving that Michael Broadnax could have therapy at his home.
"The nursing home said they were sending my husband home and I needed a ramp put up," Charlotte Broadnax said. She says she promptly hired a legal contractor and had the ramp installed before the nursing home inspection. "I didn't do this to deface my home," she said. "My priority was taking care of my husband."
The family said the homeowners association nor any neighbors ever said anything until now, in the form of a certified letter.
"My husband always took care of the households needs, so I have been forced to be head of household," Charlotte Broadnax said. "If I had known I needed to take these steps, I would've done that."
Channel 4 left a message with Ghertner and Company, which manages the homeowners association. Kathleen Sutherland, Director of Training and Technical Services at Ghertner and Company later sent the following statement:
"The governing documents for this community require that all exterior improvements receive prior approval. A letter was sent to the owner regarding the ramp as no application for approval had been received.
"The board did not know the ramp was for the homeowner, Mr. Broadnax. The association would like to work with the owners on a compromise regarding the appearance and location of the ramp and compliance with any applicable codes."
Harris was on vacation and could not be reached for comment on this story. The codes department for the City of Brentwood is looking into the matter.
The Americans with Disabilities Act and the Federal Housing Act both have protections in place to help with accessibility issues for persons with disabilities. For more information, go to the following link: http://thda.org/business-partners/housing-modification-ramps
