Common Areas

I have an issue with my common areas that I need advice on how to resolve.

"Resident "A" and Resident "B" have both lived at my community for several years. They are both trustworthy residents that have always paid rent on time and never had any complaints.

"A" likes to use our common area sauna privately. So he goes in right at the common area closing time and locks it while inside and when he leaves.

Resident "B" has noticed that Resident "A" has been using the sauna after hours, so now he wants to use it after hours too. He is willing to share the sauna with "A",

I contacted "A" to let him know he can still use the sauna in the evening but he must share it with "B". That night, he used the sauna after hours and locked the door so the other "B" could not get in.

Today, "A" came to my office to explain that he has medical issues that (according to him) prevent him from being able to use the sauna in the presence of others.

Now both residents are angry with me and both refuse to compromise. I just want to pull my hair out. I feel like I bend over backwards for my residents and I just want everyone to get along!


:unsure:

Why are you allowing common area use after hours at all? Under fair housing, if you do for one, you MUST do for all. Do you have any reason you cannot allow full access? Can you make changes to allow this to happen?

I think that you have set up a slippery slope, and it is best to either once and for all; establish common area use hours for all residents (and stick to them).... OR, explain that all residents have equal rights to use the common areas at any time; in this case, you want to issue a common area key to all residents, and explain that you can no longer guarantee any private time to resident A.

I would ask that resident A talk to resident B and come up with a solution; but explain that you are going to have to open up the common areas to ALL residents on a 24 hour basis. Perhaps if resident B knew the situation, he would be more understanding; but this is not something for you to disclose. Have them come to the office for coffee and discuss the issue (inform resident A of your intent for the 2 of them to talk, since he is the one that 'needs' the private time; and it is your hope that the 2 of them can come up with something you can accept).

Let us know how it comes out...

It certainly is a slippery slope I have created isn't it? Ironically, I did it to AVOID any fair housing issues. Resident "A" has a bona fide medical need to use the facilities privately, but he was willing to compromise by using it after regular hours so as not to inconvenience other residents.

Fair housing also does not allow me to explain or discuss reasonable accommodations with anyone other than the affected resident. So "B" thinks I'm just playing favorites.

We have tried in the past just leaving the common areas open for everyone all the time, but there were too many late night parties going on that I didn't have the time (or the stomach) to clean up after.

I did ask the residents to talk to each other to see if a compromise could be reached. "A" is willing to have a discussion to reach a compromise but is not willing to have sharing the facility as part of the compromise. "B" is not the understanding type at all and isn't interested in or willing to have a discussion or consider a compromise.

Sucks to be in that position.... You COULD explain that the private use of the sauna by resident A is in order to comply with an ADA issue, but it might sound better if you could get resident A's permission to disclose confidentially the situation to resident B.

I would explain to resident A that, although you have been able to compromise with him on the after hours use; it has resulted in complaints and questions from others, including resident B. Suggest that, in order to maintain the current agreement, that he make information about his condition known if approached directly. He may be surprised by the number of residents that are willing and able to understand. I would explain that you have no intention of releasing any information that he would not allow, but you do need his help.

Some days I just want to pull my hair out.

:ohmy:

First of all, try thinking of Fair Housing laws as reasons to say yes to someone instead of reasons to say no (just some advice for those who hurry to say "I can't do that because of Fair Housing and I'm not doing for everyone" without actually thinking about the situation).

I guess technically this could fall under the "Reasonable Accommodation" category. If so, it sounds like his request has become unreasonable at this point because of the conflict with his neighbor. I'm not an attorney, but my understanding is that you aren't required to make exceptions to unreasonable requests. At first this seemed pretty reasonable, but now it's becoming a problem and you can no longer accommodate his request. End of story (of course, consult your attorney first).

Tomorrow morning ask your service manager to look into ordering a a steam shower head for Resident A and then encourage him to create a sauna in the privacy of his own home. At that point I think it becomes a Reasonable Modification.

David Kotowski wrote:

Tomorrow morning ask your service manager to look into ordering a a steam shower head for Resident A and then encourage him to create a sauna in the privacy of his own home. At that point I think it becomes a Reasonable Modification.

Depending on the construction of the bath area, this may not be a reasonable accomodation/modification; UNLESS the property was constructed to include mold resistant materials (drywall and woodwork) in any areas where water exists. We know that mold can thrive in areas where the existence of moisture could be potentially prolonged.

Angry or not the sitution must be resolved to stop anyone from staying in your sauna after hours. Start fresh by resetting the situation- Dear A resident- Up until now and from this time forward we are going to be enforcing the closing time of the sauna. This is a public use facility and we do not have the abiltiy to reserve the sauna for individual times. Then let them know that they must out by whatever the time is. On the other time, if the sauna is not overly used at certain time, you could set up reserved times at those unused times and charge for those times! Ancillary income. say if between 10 a.m. and 12 p.m. it isnt used alot have times to reserve then, same for afternoon times

Rose, you hit it on the nose when you said "according to him" . Has a doctor said he must use a sauna and he must use it privately? You said he does have a disablility. Okay but how does that translate inot a private sauna? Your sauna is a common area meaning no one resident can claim it as their own. Just explain to him nicely that you can no longer accomodate his need for privacey in a common area. And I wouldn't get into reserving times for him because then you have to reserve times for everyone. My guess is he's been taking advantage of the fact that you are nice and want to make everyone happy - while this is a wonderful trait, people who need to use public saunas privately may take advantage of it. Really what medical need is there that requires him to use a sauna privately?

I agree with Laurie; I am not sure I understand how any disability requires the private use of a sauna...... I can see the use of a sauna as being a part of some therapy (my dad wrote off the purchase of a jacuzzi as a medical expense by getting a doctor to write a perscription for it becuase of shoulder pain caused by calcium deposits on both rotator cuffs); but I cannot see any need for PRIVATE use (it is just as hot when ONE person uses it, as when 10 people use it). I think that, unless resident A can produce new medical documentation of his continued need for privacy in the sauna; then the practice of allowing it needs to end. I would address this with resident A as a fair housing issue and state that, if you continue to allow him to use the sauna after hours, you must allow ALL residents the same rights under fair housing. If he wants that private time, he can take the effort to determine what time of day is best for that; unless you happen to already know that. This time may be the 30 minutes between 5 and 530 when folks are having dinner, but you cannot continue to specifically support his need.

You can stretch the truth a little bit with this resident and state that you are concerned that allowing his continued exclusive private use of ANY COMMON amenity could set you up for a costly fair housing complaint; unless you can document the need for it in order to comply with ADA guidelines.

The fact that a non-disabled resident is complaining about a disabled resident does not make an approved request for accommodation no longer reasonable. If the sauna were to stop working and unable to be repaired, this would be a reason to claim the request that was approved two years ago is no longer reasonable, but just because someone else complains that they can’t use it when it is closed is not an acceptable reason to reverse the accommodation.

We definitely don’t want steam showers in the units as that would cause mold. We live in a very moist state. (why the builders put plain old drywall in a bathroom with no window, I'll never know.)

The fair housing bureau believes it IS a reasonable request to allow the resident to use the sauna after public hours, because it doesn’t interfere with any other residents use.

Yes, he not only had to provide a doctor’s note (actually he provided three), he also had to have his primary care doctor submit an official reasonable request for accommodation form to our corporate office, who checked with the fair housing bureau before approving it.

His reasons for needing privacy are genuine. He has had recent surgeries and medical procedures due to cancer and some related issues. The evidence of such is very apparent when dressed for sauna use, and the medications he must take affect his ability to answer the inevitable questions that would occur if he were undressed around others. It has been determined by his doctor that stress has been severely detrimental to his health so they are recommending that he eliminate as much of it as possible if he is to have any hope for recovery.

It’s true; I do want to make everyone happy- even the resident who calls to swear at me because he saw that another resident was permitted to use the sauna after hours, so now he wants to use it after hours too. Obviously, we aren’t able to tell him about the other residents’ reasonable accommodation.

Now that we know more about how the accomodation came about; we can provide better advice.


The way I see it, you have two issues here to contend with: 1) Fair Housing and 2) Americans with Disabilities Act.

In this case, I would say that the accomodation came about in order to comply with an ADA request. You can state that you received a request from the resident, backed up with formal medical documentation; that was reviewed by your corporate office. Upon review, a solution was presented to the local Fair Housing Authority; who ultimately approved it. You cannot make any additional accomodations; and the resident that IS using the facilities has asked for his privacy; which you have every intention of honoring.

I would still talk to the resident and tell him that this is how you wish to respond to any future resident who inquires about the issue, and perhaps open a dialog between the 2 residents. Perhaps a new friendship can be formed and resident A can become more comfortable with resident B???

I the resident who receives the accommodation is willing to talk to the resident who is complaining about it. But the complaining residents refuses. He's a persnicketty fella.

Ok... Just a thought... What HAVE you told the complaining resident to date to get him to understand the situation?

I told him it involves an issue I am prohibited by law from discussing with him (via email because it's hard to get a word in edgewise while he's swearing at me.)

Unfortunately, despite my best effords, this guy is never happy. If I am in the office, he complains that I'm not out of the office picking up the trash in front of his door (that HE most likely put there.) If I'm out picking up the grounds he complains that I'm "Never in the office"

My comment about the steam shower was a joke. I was trying to be lighthearted and witty. I'm sorry that didn't come across in my comment.

Story of our life..... You can't please everyone all the time.....


I think my response earlier in the thread that discusses the fact that it was an ADA issue, and you are unable to say any more about the subject due to confidentiality laws; may work better.

I am guessing that this is the only resident to complain about the after hours sauna use? If that is the case, I would also add that HE is the only one to complain, and nobody else knows it is an ADA issue.

This response also works when a resident asks about another resident having a dog, when you have a no pets polcy. You are simply making a reasonable accomodation under ADA guidelines.

I might also post this question over on Grace Hill's message board, although a lot of us here are on both; there may be others there that are not on here......

I dont know if I want to post it there, too many of my coworkers use that site!

So even if you post there 'anonymously' they may know the situation... I get it...... Just a thought