Issue with the HOA Board (need advice!)

[David Switzer]

Hello all!

I recently closed on a commercial condo unit (for retail), which is one unit in a building that also has 7 apartments. There is an HOA.

We have been working with the developer to make the unit ADA compliant, and the only way to do so was to add a door from the commercial unit into the common entry/lobby, as there is an ADA compliant ramp there.  Our tenant would have a key and could assist people in through that entrance if needed.

We closed, and at closing the developer signed a contract to install a door and escrowed $20,000 in the event they did not end up doing it.  So they opened up the wall to start the door, and immediately the HOA opposed it.  We don't even a Board yet (it's a new build), and it's all being coordinated by the HOA management company for the building.

The developer offered to make the new door key fobbed on each side for entry, and would install a new security camera.  The HOA (through the management manager) said OK, please provide a letter stating the door is the only way to make the unit ADA compliant, and I think it will be okay.

A week later the developer presents a letter from an architect stating the door is the only way to make the unit compliant.  However, the HOA then said "we are still fully opposed to the door".

I am working with our RE attorney, but I was wondering if anyone had any tips or experience in this situation.  I wrote a letter to the HOA yesterday explaining why the door was needed, how security would be very tight, and how the HOA itself could potentially be responsible for any ADA fines/penalties if they are found to the "barrier to access" for ADA as they control the lobby.

We have a tenant lined up and obviously this is causing a major issue.  Is my only next move to threaten to sue the HOA to force the door?  


Thanks so much!

- David