Oregon HOA won't let bus pick up special needs girl

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thoughtbeast
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15 Aug 2018, 9:39 am

Oregon homeowner’s association refuses to let bus come into neighborhood to pick up a girl with special needs: lawsuit

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The HOA’s lawyer Mark Hoyt said in a statement that because the subdivision’s streets are privately owned and maintained, “the public school bus should use the districts own assigned bus stop.”

“And not enter onto the private streets of the development because of, among other reasons, potential liability issues, pedestrian safety hazards,” he continued. “And the daily wear and tear on the streets from the weight and frequency of public school buses, which may result in the streets having to be repaired sooner than planned at the HOA’s expense.”



kazanscube
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16 Aug 2018, 9:22 am

The HOA's defense that the neighborhood woul be burdened with unnecessary stress and strain upon the road is complete garbage.I think the young girl deserves to be picked up by the school bus in said neighbhorhood, as doing anything contradictory to that would not only be malignant but, absolutely dangerous onto the welfare of the young school girl as whole. Also that the HOA President happens to be Republican speaks of several things to me, for where I live territorial wise, the idiot managing things in my part of the world has cut/slashed funding that would have otherwise helped a great many autistic persons from youngsters,teenagers,adults, and their parents etc.


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Tequila
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16 Aug 2018, 9:25 am

I see their point. It's a private street; why should they let any motor vehicle on their property that they don't consent to? It's not a public road.



auntblabby
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16 Aug 2018, 8:13 pm

IMHO the lions' share of HOAs are quasi-fascist, 90% of them give the other 10% a bad rep.



Chronos
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16 Aug 2018, 8:54 pm

The streets are considered common areas and the ADA applies there.

Some of these HOAs think they are sovereign nations. They are not.



Tawaki
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17 Aug 2018, 12:39 am

Gated communities are the hot new thing in some parts of the state I live in. The public/private school buses pick up and drop off right outside the gate. If your kid has a broken leg and uses crutches, there is a service that will take you kid to the bus stop. You have to provide a medical necessity note.

News mom's position is a bit weaker. The child is mobile. If the kid is a runner, it doesn't matter if it's the front of the house or a stop. My dentist treats a child with ASD from the above gated community. That kid either gets walked to the stop or driven by somone to the stop. It's a PITA for the parent/nanny, but that's what you get when you buy into a million dollar per house community. All this BS is explained in the contract.

One friend of mine has a HOA but not gated. The heaviest thing that can drive on their street is a garbage truck. Big RVs and construction type work has to be okayed by the HOA. You can't just decide to repour your cement patio, and have a cement truck show up.

Her street was repaved with an assessment of $30K per property owned. Everyone has to pay it, or their is lien on the property. She knew that when she bought the property that street repairs are divided up.

While I feel bad for mom, they knowingly moved into that nightmare. You buy a house, there is a f**kton of paper work you sign. The weight restriction (that's what this is really about) in buried in that pile of gibberish. READ THOSE CONTRACTS!



auntblabby
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17 Aug 2018, 12:43 am

why would anybody live under such provincial tyranny?



goldfish21
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17 Aug 2018, 8:13 am

This is ridiculous, IMO. Unless the streets are so poorly designed & paved that they can't take the weight of the bus, streets should be used, especially in service to a neighbourhood child.

Tawaki wrote:
It's a PITA for the parent/nanny, but that's what you get when you buy into a million dollar per house community.


Maybe in your neck of the woods, but certainly not where I live.. I live in a $1.1-1.2M house - and it's in the suburbs nearly an hour drive from downtown where all the rest of the poor working class commuters live. In some neighbourhoods, $1M doesn't even come close to buying you a teardown, in others you're lucky to get a 2 bedroom condo for that.

I know I live where real estate prices are INSANE, just chiming in to compare.. lol gated community & ritzy stuff? Not for $1M. Hell, not even for $10M, or $50M. I worked on what will be a $65M house a couple years ago - right on a public street. We don't have gated communities here like the ones you describe, just ultra high prices to keep anyone who works for a living from getting too close to the rich foreigners.


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thoughtbeast
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17 Aug 2018, 8:50 am

It didn't work out too well for a different HOA in an Oregon case last year:

Homeowners association settles RV dispute for $300k

Quote:
The Kuhns filed suit in U.S. District Court in January 2016, alleging that McNary Estates and a sub-homeowners association violated their daughter’s civil rights under federal and Oregon fair housing acts by failing to make a “reasonable accommodation” of her request, as required by law.

In January, federal Judge Ann Aiken ruled that the Kuhns were right that their daughter had faced discrimination. All that was left to decide, Aiken said, was how much the homeowners association had to pay as compensation.

On Thursday, attorneys for the case announced the $300,000 settlement, which is being paid by the McNary Estates' insurer.



auntblabby
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17 Aug 2018, 9:23 am

thoughtbeast wrote:
It didn't work out too well for a different HOA in an Oregon case last year:

Homeowners association settles RV dispute for $300k

Quote:
The Kuhns filed suit in U.S. District Court in January 2016, alleging that McNary Estates and a sub-homeowners association violated their daughter’s civil rights under federal and Oregon fair housing acts by failing to make a “reasonable accommodation” of her request, as required by law.

In January, federal Judge Ann Aiken ruled that the Kuhns were right that their daughter had faced discrimination. All that was left to decide, Aiken said, was how much the homeowners association had to pay as compensation.

On Thursday, attorneys for the case announced the $300,000 settlement, which is being paid by the McNary Estates' insurer.

that sucks, that money should have come out of the HOA decision makers themselves. If there is any real justice, the insurer will drop the HOA as clients and/or cause those HOA bigwigs to lose their positions. the bad guys here basically got away scot-free, at liberty to continue being bloody-minded tyrants.



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17 Aug 2018, 2:40 pm

I live in a small condominium development. The average home value is a little over $200K, and we are all middle-class people. There is an HOA, as in most condo associations. I don't find anything fascistic about it at all. We have private streets (we pay for the maintenance ourselves) and I never have seen a school bus here. The only issue we have had with our private streets is keeping construction vehicles for other, nearby communities from taking a shortcut through here; then our board has to call the contractor and ask them not to use our private streets.


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goldfish21
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17 Aug 2018, 3:01 pm

“Private streets,” is literally a foreign concept to me. AFAIK, there’s no such thing in Canada - save for maybe some dirt roads/access roads on some farmer’s vast acreage. Weeeeeeird that HOA’s own their own roads. Also, no such thing as an HOA for detached houses - they only exist for condos & townhouses and are called a “Strata,” or “Strata Council,” and are responsible for shared amenity rooms, the roof and building envelope, parking lot/parkade, gardening/landscape maintenance/snow removal from sidewalks etc but never roads. Some strata fees also include natural gas so people just heat their home via their gas fireplace. Some have concierge services downtown now. Roads, though, are all publicly funded and maintained after the builders pay to put them in as a cost of doing business for a new detached single family home development, which means no BS bickering about disabled kids getting picked up by school buses.


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League_Girl
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17 Aug 2018, 3:12 pm

Can the mother just bring her daughter outside their neighborhood and have the bus pick her up there? I've seen plenty of moms do this.


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17 Aug 2018, 3:38 pm

goldfish21 wrote:
“Private streets,” is literally a foreign concept to me. AFAIK, there’s no such thing in Canada - save for maybe some dirt roads/access roads on some farmer’s vast acreage. Weeeeeeird that HOA’s own their own roads. Also, no such thing as an HOA for detached houses - they only exist for condos & townhouses and are called a “Strata,” or “Strata Council,” and are responsible for shared amenity rooms, the roof and building envelope, parking lot/parkade, gardening/landscape maintenance/snow removal from sidewalks etc but never roads. Some strata fees also include natural gas so people just heat their home via their gas fireplace. Some have concierge services downtown now. Roads, though, are all publicly funded and maintained after the builders pay to put them in as a cost of doing business for a new detached single family home development, which means no BS bickering about disabled kids getting picked up by school buses.

Private streets certainly sound like a good way to produce urban segregation.

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17 Aug 2018, 5:56 pm

auntblabby wrote:
thoughtbeast wrote:
It didn't work out too well for a different HOA in an Oregon case last year:

Homeowners association settles RV dispute for $300k

Quote:
The Kuhns filed suit in U.S. District Court in January 2016, alleging that McNary Estates and a sub-homeowners association violated their daughter’s civil rights under federal and Oregon fair housing acts by failing to make a “reasonable accommodation” of her request, as required by law.

In January, federal Judge Ann Aiken ruled that the Kuhns were right that their daughter had faced discrimination. All that was left to decide, Aiken said, was how much the homeowners association had to pay as compensation.

On Thursday, attorneys for the case announced the $300,000 settlement, which is being paid by the McNary Estates' insurer.

that sucks, that money should have come out of the HOA decision makers themselves. If there is any real justice, the insurer will drop the HOA as clients and/or cause those HOA bigwigs to lose their positions. the bad guys here basically got away scot-free, at liberty to continue being bloody-minded tyrants.


Good point! I'm guessing that their annual premiums to their insurance just shot up the same way they would after a car accident caused by the insured. At least I pray so.



auntblabby
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17 Aug 2018, 6:55 pm

thoughtbeast wrote:
auntblabby wrote:
thoughtbeast wrote:
It didn't work out too well for a different HOA in an Oregon case last year:

Homeowners association settles RV dispute for $300k

Quote:
The Kuhns filed suit in U.S. District Court in January 2016, alleging that McNary Estates and a sub-homeowners association violated their daughter’s civil rights under federal and Oregon fair housing acts by failing to make a “reasonable accommodation” of her request, as required by law.

In January, federal Judge Ann Aiken ruled that the Kuhns were right that their daughter had faced discrimination. All that was left to decide, Aiken said, was how much the homeowners association had to pay as compensation.

On Thursday, attorneys for the case announced the $300,000 settlement, which is being paid by the McNary Estates' insurer.

that sucks, that money should have come out of the HOA decision makers themselves. If there is any real justice, the insurer will drop the HOA as clients and/or cause those HOA bigwigs to lose their positions. the bad guys here basically got away scot-free, at liberty to continue being bloody-minded tyrants.


Good point! I'm guessing that their annual premiums to their insurance just shot up the same way they would after a car accident caused by the insured. At least I pray so.

if their premiums shot up, the HOA tyrants would just pass it on to the membership, the captives who live there. better if they get dropped then some legal consequences would kick in and affect the tyrant management.