Saturday, May 28, 2016

Another HOA Takes Hit In Fair Housing Lawsuit; Must Allow Family Of 12-Year Old Autistic Child To Keep Specially-Equipped, Medically Necessary Recreational Vehicle In Their Driveway & Gets Stuck Footing Tab For Family's Legal Fees

In Perry Park, Colorado, KDVR-TV Channel 31 reports:
  • The family of a 12-year old with Autism will get to keep their medically necessary RV in their driveway. The Federal Decree is a huge legal victory for the Lofland Family of Perry Park, Colorado.

    “It is a big relief for all of us including William because William doesn’t feel that stress or tension anymore, “ said Hannah Lofland, the mother of William Lofland.

    The Fox 31 Problem Solvers first brought you their story last August when Lofland family was told parking their RV for more than 48-hours violated covenants created by the neighborhood Architectural Control Committee.

    The Lofland’s insisted their specially equipped RV was medically necessary for William, who is non-verbal and prone to outbursts, because the motion of driving soothes him.

    “William needs to feel that jolt, and when he does it calms his nervous system. Why? I don’t know,” said his mom.

    “They provided doctor’s notes and it never should have got to the point of needing lawyers to get involved,” said Amy Robertson, the Lofland family attorney.

    Robertson said the Architectural Control Committee wasn’t providing a “reasonable accommodation” for someone with a disability as required by the Federal Fair Housing Act. “The truth is the Federal Fair Housing Act and the State Fair Housing Act take precedence over HOA rules and over covenants,” said Robertson.

    Jim Cassidy, the president of the Architectural Control Committee, didn’t answer his door when Fox 31 Denver knocked Friday afternoon but last year he repeatedly called Investigative Reporter Rob Low a “fool” and a “dupe” for asking Cassidy why he was harassing the Lofland Family with threatening letters demanding the removal of the RV.

    Under the Federal Decree he has to allow the Lofland’s to keep their RV and pay their attorney fees.

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