Ginger: Cancer patient wins federal case against HOA for disability accommodation

"When my husband and I moved into a new condo in 2020, we had no idea what challenges we would soon face. We were familiar with the Everett area, had raised kids there, and loved to take drives around the county. We were settling into our new home when a breast cancer diagnosis flipped our world upside down. Already amid a global pandemic, it was hard to imagine facing any more challenges.

I did my best to stay positive as I endured countless MRI’s and biopsies to help doctors determine the best treatment for me. In January 2021, I underwent a double mastectomy to try to remove the cancer. Unfortunately, the next month I found out that the cancer was more invasive, and my fight would have to continue. Countless surgeries and medical appointments followed this news, and I faced challenges with mobility and traveling between my car and the condo unit. I struggled with fatigue and weakness, and relied on the support of my husband, Marc, to help me get across the parking lot to our car.

After some brainstorming between Marc and I, we decided to request a temporary designated parking spot close to our condo’s garage door to make things a little easier for me during cancer treatment. After drafting a letter requesting this accommodation, we presented it to the Homeowner’s Association board that oversaw our condo. The reaction from the HOA board was unlike anything we could have anticipated. As I lay in my bedroom recovering from an invasive surgery, we invited a board member into our home who then berated my husband and I about our request for disability accommodations. They blatantly refused our request, stating that we had nothing to stand on and that the federal laws protecting individuals with disabilities did not apply to condos managed by an HOA. Stunned and appalled by their behavior, we knew that getting legal representation would have to be the next step.

Northwest Justice Project had given us solid advice on matters in the past, so we thought that reaching out to them would be a good place to start. An attorney from the Seattle office was immediately receptive to our situation and quickly drafted another letter that formally presented our requests for temporary disability accommodation. Unfortunately, the HOA board continued to be aggressive and retaliatory towards us and they still refused our request. Our attorney put us in touch with another attorney in the Snohomish County office, as we realized that negotiation and letters would not be enough to get the accommodations we needed.

Our attorney picked up right where our previous one left off and sent a final letter – a last chance for the HOA board to follow the federal laws before the case went to court. Shortly thereafter, our case was in federal court and was settled for $50,000 in damages and a designated parking spot. We are very pleased with our attorney's excellent work ethic and efficient communication with us. For anyone who needs an honest attorney who gets the job done, we highly recommend working with Northwest Justice Project."

Donate to help keep people stable and housed.

Stay connected to justice in Washington.

Get monthly stories of the people we serve, updates on our work, and ways to help.

This field is for validation purposes and should be left unchanged.
Name(Required)
Location