Saydrah
Saydrah
Denver
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InARelationship

Man Denied Permission to Build Wheelchair Ramp Outside Condo At His Own Expense; Told It Would Be an "Eyesore"

Posted: 5/18/2009 at 06:14 PM

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Wheelchair RampA wheelchair user in Ponte Vondra Beach, Florida, is a prisoner in his own condominium after being denied permission to build a wheelchair ramp around the stairs outside his condo. James Ballas, a stroke survivor and octogenarian, is preparing a federal lawsuit in hopes of obtaining permission to build his ramp.

 

Ballas and his wife, 84-year-old Lucille, have repeatedly over the course of a year requested the condominium association and management company's approval to build a wheelchair ramp at their own expense. The couple were told that the ramp would be an "eyesore."

 

James Ballas now considers calls home his "jail," and is unable to leave the house even to visit the beach or go to the grocery store with his wife. On the rare occasions that he must leave his condo in order to see a doctor, James must be carried down the steps by friends or family members, then placed back in his wheelchair.

 

The attorney representing James Ballas, David Cronin, says anyone willing to pay for reasonable modifications due to disability is entitled, and denying permission to build such a ramp is clearly illegal under federal guidelines. Similarly, enforcing a no-pets rule against a tenant who is blind and needs a guide dog would be illegal. 

 

Some people play the lottery and see if they don't get caught, or they simply don't know the law," said Roberto Ortiz, a Human Rights Commission specialist who investigates fair housing discrimination. "Condominiums are a big deal - they are not above the law."

 

What do you think? Should Ballas get permission to build his ramp? Will he win his lawsuit?

 

Of Interest:

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  • Rick Cain wrote on May 18, 2009 at 7:26 PM
    I don't get it. The Americans with Disabilities Act should have this guy covered. I think maybe the condo association is hiding behind the cover of attorneys, hoping to outspend this guy because they know they would lose in court.
  • Jeff Veenstra wrote on May 18, 2009 at 8:20 PM
    This is an outrage. Not only should the condominium corporation be fined, the board of directors and all other parties involved need to be incarcerated.
  • Jeff Veenstra wrote on May 18, 2009 at 8:20 PM
    This is an outrage. Not only should the condominium corporation be fined, the board of directors and all other parties involved need to be incarcerated.
  • Jeff Veenstra wrote on May 18, 2009 at 8:26 PM
    This is an outrage. Not only should the condominium corporation be fined, the board of directors and all other parties involved need to be incarcerated.
  • Travis Hoffman wrote on May 18, 2009 at 8:30 PM
    Are the questions at the end of the article really serious?? Of course he should be granted permission to build his ramp and yes he'll probably win his lawsuit, if it makes it all the way to court before management realizes they have violated the Fair Housing Act and start kissing his ass while stepping all over themselves trying to make sure he has everything he needs in hopes he doesn't continue his lawsuit to collect on punitive damages.
  • Matthew Gilley wrote on May 18, 2009 at 8:32 PM
    "What do you think? Should Ballas get permission to build his ramp? Will he win his lawsuit?" How can you even ask that question, if you were in a wheelchair and denied the right to build the only means of allowing YOU to get yourself out of the house, how would you react to the city saying it is an "eyesore" to the community? Not to mention, ADA protects against this. And of course he will win the lawsuit, if he doesn't the judge needs to be removed from the court room because a ruling that does not allow him to build it is a bigoted decision.
  • Kidding wrote on May 18, 2009 at 9:52 PM
    The ADA is an automatic and the condo association is going to pay. I have been witness to seven ADA lawsuits in the years since it's passage, and most have been greedy, frivolous nonsense including 23 fines against a hotel owner for having a bathroom mirror 1/2 inch too high. Seriously, 1/2 inch. He is out of business as a result. However, this is an opportunity for ADA to win out - where there is no cost or ANY other repairs have been made, the association must make it accessible.
  • Tania wrote on May 18, 2009 at 10:25 PM
    What the hell is wrong with the condo association? Clearly, this is a huge ADA violation, and he certainly will win a lawsuit. I just hope it happens before it is too late for Mr. Ballas to use his ramp.
  • Topher wrote on May 18, 2009 at 10:43 PM
    Clearly yes he should be allowed to build his ramp, and I'm almost 100% certain he will win his lawsuit. When I worked for an apartment company we had to watch an educational video, and they emphasized that we must allow handicapped people to install "reasonable accomodations" at their own expense. All I can say about the Condo folks is that I'm sure glad I won't be in their shoes when the karma fairy comes around.
  • Enlightenment wrote on May 19, 2009 at 3:52 AM
    Condo associations are run by hitler youth!!!