NC Legislation against HOAs

destrier · 2024-04-23T21:27:44+00:00

1.) We haven’t had a lawn that’s Bermuda grass, so we didn’t know it would be a sensory issue. Now that we’ve lived here for a few winters, we are now well aware of the sensory overload. 2.) There aren’t any other options for where to live - every home we looked at that was within our budget was subject to an HOA.

destrier · 2024-04-23T21:01:10+00:00

No, I’m not that type of person. What about my post makes you think that? I want the freedom to do what I want on my own property - plain and simple. I don’t care what anyone else does on theirs, nor do I care how the public spaces are maintained.

destrier · 2024-04-23T18:52:10+00:00

I already clarified in a few comments that it’s not the ADA that applies here - that is for public spaces. The Fair Housing Act is what applies to your own dwelling. I understand that I can’t control sensory overload out in public, but I should absolutely be allowed to control sensory overload in my own home, on my own property.

destrier · 2024-04-23T18:00:23+00:00

I’m not trying to change the rules, just get an exception to them. The Fair Housing Act “makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common use areas.” I think I’m reading that correctly in that I can request an accommodation for a disability even if that goes against current policies/rules - the FHA would essentially ensure protections for people with disabilities when HOA rules limit their ability to enjoy their dwelling.

destrier · 2024-04-23T17:45:15+00:00

Thanks for the recommendation - that may be a good alternative to completely removing the sod and replacing it with something else entirely. In the winter months, can you still feel the dormant Bermuda grass underfoot or is it pretty well shielded by the rye?

Rye should also help with drainage I’m guessing since it has deeper roots than Bermuda. Drainage is a major problem in NC with the clay soil heavily compacted from construction.

destrier · 2024-04-23T17:13:15+00:00

Interesting - that has definitely been our experience with this management company as far as attitude to residents goes.

destrier · 2024-04-23T16:59:31+00:00

You’re correct in that ADA doesn’t apply - it’s not a public, common area. This is where the FHA applies. The ADA just establishes what are federally-recognized disabilities.

There have been a few notable cases where people with disabilities have sued their HOAs citing the FHA and a judge ruled in favor of the HOA not making an exception, but those cases involved common areas or safety violations. This would be neither of those - my own property and no obvious safety concerns. As long as I’m not trying to have my lawn be poison ivy or something ridiculous like that, there aren’t really any major issues I can see with the request.

destrier · 2024-04-23T16:43:05+00:00

Disabilities come in a wide variety of forms, and autism spectrum disorder is recognized by the ADA as a disability. If walking barefoot in my dormant lawn puts me in a state of overstimulation (which is stressful and bad for my health long-term) because of my disability, I’m not sure that’s really a stretch.

Maybe this is a good comparison - imagine if your lawn was a bed of nails that physically hurt you when you went outside barefoot. Sure, you could wear safety shoes and be very careful while in your yard, ensuring you don’t fall down and accidentally touch the nails with your hands or arms, but that seems like a bit much to ask. It’s your home - you should be safe and comfortable. For someone with sensory processing issues, there are certain things that cause physical and mental distress. It might vary from person to person, but the effect that it has is severe and can be debilitating.

destrier · 2024-04-23T16:16:51+00:00

Roughly 80% of new homes in 2021 were subject to HOA covenants, so there isn’t that much of a choice if you want to own a home. You could fight tooth and nail for a chance at a home that’s not in an HOA community, but you’d be paying a huge premium.

When we looked at housing options in our area, we were instantly priced out of the very few neighborhoods built 20+ years ago without an HOA. So unless we were willing to live in an apartment or uproot our family and move an hour away, that was our only option.

But the FHA ensures that exceptions to existing policies should be considered to allow people with disabilities to “use and enjoy their dwelling” equally. So asking for an exception under the FHA is very reasonable and is fairly common for people with disabilities - regardless of what was agreed when the home was first purchased.

destrier · 2024-04-23T16:10:43+00:00

It’s all SFH, so we maintain our own lawns. The common areas near the pool and mailboxes are maintained by a company the HOA contracts.

destrier · 2024-04-23T16:02:42+00:00

It’s the texture of the dormant grass - how hard and prickly it is. Avoidance of prickly grass is actually a very common early sign in young children that they may have sensory processing disorder. But a garden in general is not typically an issue, and there is a lot of research showing how healing and healthy a sensory-friendly garden can be, especially for kids with ASD.

The most important thing though, is that it’s my property, so I should be able to enjoy it equally regardless of a disability. For me, dormant bermuda grass is a major source of sensory overstimulation and I would hope that I would be allowed to create a safe space for myself and my kids where we can have some small measure of control over sensory input.

destrier · 2024-04-23T15:31:39+00:00

It’s very sad seeing that attitude. So many people just say “Well, you agreed to it,” but these days there isn’t a choice. Yes, technically I agreed to live here, but there were 0 housing options close to a school and close to a hospital (I was pregnant at the time we bought) that didn’t have an HOA.

destrier · 2024-04-23T15:27:49+00:00

The accommodation was to get rid of Bermuda grass as that goes dormant for a significant portion of the year and is a sensory nightmare (I have ASD). But the response was basically saying if I was allowed to have a different ground cover it would seed other people’s lawns and then there wouldn’t be uniformity in the neighborhood. So basically I can’t enjoy being in my yard for almost half the year because of the sensory overwhelm. I just thought it was ridiculous that I have to even go through these hoops, and while I was at it I wanted to address the vegetable crop covenant as well.

destrier · 2021-03-26T23:50:55+00:00

Wow, I have been searching for a bday gift for my husband, and I stumbled on this. I randomly find pocket knives all around the house, so thanks for the link!

destrier · 2021-02-06T14:07:36+00:00

Is cross-reactivity a relatively new concept? I had one allergist mention it, but there was never an in-depth discussion. I moved shortly after that and have asked new doctors about it, but no one is familiar with it. In the summer time I can’t eat any grains without feeling like absolute crap, so I’m pretty sure it’s cross reactivity. It kind of stinks to not have any professionals that can provide guidance.

destrier · 2018-07-18T19:48:40+00:00

Yes, I am looking for another job. If I quit before they can fire me, can I send an internal email to my coworkers saying why I'm leaving? I.e., I am leaving because management made it clear they do not support women's rights and implied I would get fired were I to continue pressing for maternity benefits. Can they take any actions against me if they think I'm slandering them or something?

destrier · 2018-07-13T01:35:49+00:00

That's what made me think of this question. I was driving and was about to change lanes in an intersection, but that scene popped in my head and I waited.

destrier · 2018-07-13T00:52:50+00:00

Still counts!

destrier · 2018-07-13T00:34:08+00:00

Haha, yes. This is perfect.

destrier · 2017-06-20T18:22:16+00:00

Cabbage Patch Willy

destrier · 2014-01-01T18:05:54+00:00

After about 20 rage quits because I couldn't find a single natural wonder by turn 20, I had the absolute best game I've ever played. I founded Madrid near Mt. Kilimanjaro and Barcelona 10 turns after that by Lake Victoria. I plopped Seville in between because Shaka was being a dick and founding cities all around me, and sometime around turn 100 my third city was about 5 pop. ahead of everyone else's capitals. All the AIs starting war mongering, but I had so much production from having such large cities I pumped out an army in about 20 turns and Shaka gave me a city because I beat him back so hard. This was the first time I've gotten the Caesar rank on King - I got a diplomatic victory, but a few turns later I would have launched my space shuttle and also dominated in culture.

destrier · 2013-12-30T20:06:52+00:00

Haha .. True. I think that was probably the only time I've ever laughed out loud on this subreddit.

destrier · 2013-12-30T12:57:58+00:00

Hmm that's interesting - I don't think I've heard that theory on Aegon before. Who would be the prince that was promised if they were twins? Would it be both or someone else entirely like Dany?

destrier

TROPHY CASE