Miami-Dade, Broward, and Palm Beach

Can a Florida Condo or HOA Say No to a Stair Lift or Walk-In Shower?

Published by Safe In Place

Generally, under the federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(A)) and the Florida Fair Housing Act (Fla. Stat. § 760.23), an association must allow a reasonable modification that a resident with a disability needs, made at the resident's expense.

The board can ask for reasonable documentation and reasonable conditions on how the work is done.

This is general information for families in Miami-Dade, Broward, and Palm Beach counties, not legal advice, and approval of a particular request is not promised.

Book the free in-home assessment, and Safe In Place connects you with a licensed, vetted local contractor who can provide the plans and paperwork the board asks for.

This is general information about federal and Florida fair housing rules and condominium common elements. It is not legal advice. Safe In Place does not promise that a board will approve a request. A declaration, and the facts of one home, can change the path. For a decision about a specific building, consult an attorney.

Leer en español

The unit and the building

Inside the unit is different from a shared stair or entry

A stair lift on a private stair inside the unit, a walk-in shower, or a tub-to-shower conversion is usually work inside the home. It can still be a reasonable modification when a resident with a disability needs it. The resident pays for it. The board can still ask to see the plan, because waterproofing, plumbing, an electrical outlet, and how a rail is attached can affect the building.

A shared stairwell, a lobby stair, or the steps at the building entrance are different. In a condominium those areas are common elements. Fair housing law still requires the association to allow a reasonable modification a resident with a disability needs, including in a public or common-use area. Florida condominium law also has its own rule for a material change to those common elements.

Fla. Stat. § 718.113 says a material alteration or substantial addition to condominium common elements has to follow the procedure in the declaration. If the declaration does not set that procedure, 75 percent of the total voting interests must approve before the alteration starts. That vote is about the change to shared property. It is not a vote on the resident's medical need.

An HOA is not a condominium. Section 718.113 is the condominium rule. An HOA follows its own recorded documents, and the same fair housing duty still applies. HUD and the U.S. Department of Justice say the Fair Housing Act's reasonable-modification duty reaches homeowners and condominium associations. This page does not read one building's declaration.

What the board can ask

Reasonable paperwork is different from a vote on medical need

HUD and the U.S. Department of Justice explained reasonable modifications in their Joint Statement of March 5, 2008. A request can be oral or written. A written request is the practical way to send it, and a family member may send it for the resident. The resident does not have to use the words “reasonable modification,” as long as a reasonable person would understand the request.

The person needs the association's approval before the change is made. The joint statement says that if the person meets the requirements for a reasonable modification and provides the relevant documents and assurances, the housing provider cannot deny the request.

What a board can reasonably ask for

  • A written description of the modification, and plans when the work needs them
  • The Florida license number of the contractor who will do the work
  • A certificate of insurance for that contractor
  • The building permits the city or county requires for the address
  • Restoration terms where they apply to the interior of the unit

What a board generally should not require

  • A vote of the other owners on whether the disability, or the medical need, is real
  • Full medical records, or a detailed history of the disability
  • More information about the disability when the disability and the need are both obvious
  • A separate liability policy, bought by the resident, as a condition of saying yes

The joint statement says a housing provider may require a description of the modification, any building permits the work needs, and work done in a workmanlike way. It also says a provider may not condition approval on the resident buying special liability insurance. A certificate of insurance for the licensed contractor is a different document from a policy the resident would have to buy.

If the disability is not obvious, the provider may ask for reliable information that verifies the disability, describes the modification, and shows the relationship between the two. In most cases, medical records are not necessary. If the disability and the need are both obvious, the provider may not ask for more information about the disability. That information is confidential.

Restoration is limited. The joint statement says a provider may ask that interior changes be restored where it is reasonable to restore them, and the resident pays for that restoration. A change to a common area or the exterior is not something the resident must put back when they move. A unit owner and a renter are not in the same position, and the declaration may say more. An attorney can read that document.

How a family sends it

Submit the request in writing

An adult child can send the request for a parent. Keep a copy of what you sent and the date you sent it.

  1. 1. Name where the work is

    Write down whether the work is inside the unit or on a common element, such as a shared stairwell or the entry steps. Ask the manager for the current alteration form if the building uses one.

  2. 2. Get a plan from a licensed contractor

    Book the free in-home assessment. Visits are from 4 to 7 PM and at least two days out. Safe In Place connects you with one licensed, vetted local contractor, who measures the space and can prepare the description and plans.

  3. 3. Write the request

    Say who lives in the unit, what change is requested, and, if the disability is not already known, that the resident has a disability and why this change is needed because of it. Attach the description or plans, the contractor's Florida license number, and the contractor's certificate of insurance.

  4. 4. Keep the permit separate from the board

    Ask the contractor which city or county office covers the address and whether a permit is required. Say in the letter who will apply for it. Association approval is not a building permit.

  5. 5. Ask for a written answer

    Send the packet to the board or the manager in the way the building accepts notices. Ask for the decision in writing. Do not start the work until the board has answered and any required permit is in hand.

If the answer is slow or no

Ask for the decision in writing

HUD and DOJ say a housing provider has to respond promptly. An undue delay in responding may be treated as a failure to permit the modification.

If the board says no, or does not answer, ask for the decision and the reason in writing. Keep that letter with the request you sent.

Two official routes exist. A housing discrimination complaint can be filed with HUD. The Florida Commission on Human Relations takes discrimination complaints, including housing. An attorney can tell you which route fits the building and what deadline applies. This page does not promise a result.

Stair lifts

A private stair and a shared stairwell are not the same request

On a private stair inside the unit, the usual questions are the shape of the stair, a nearby outlet for the charger, and how the rail is attached. Many rails attach to the stair treads. The board can still ask for the plan, the license number, and the insurance certificate before it answers.

On a shared stairwell or a building entry, the lift sits on a common element in a condominium. Section 718.113 and the fair housing reasonable-modification duty can both matter. Start with the written request, and with plans the board can read.

The planning range for a stair lift in Miami-Dade, Broward, and Palm Beach is $2,000–$5,000. Reconditioned from $2,000. The licensed contractor's written quote sets the price. Approval is not promised.

Walk-in and curbless showers

A shower inside the unit, then a curbless shower

A tub-to-shower conversion stays in the old tub footprint and keeps a low step. A walk-in shower inside the unit is the same kind of project for this question: the work is inside the home. The board often still wants plans, because of waterproofing, the drain, and any shared plumbing line. The resident still needs approval before the work starts.

A curbless or zero-entry shower removes that step. The floor is re-sloped for a linear drain. That work can reach the slab or a common plumbing or structural system, so the board may treat it as more than a finish change inside the unit. Describe that scope in the request.

Planning ranges for Miami-Dade, Broward, and Palm Beach: a tub-to-shower conversion is $3,500–$8,000. A curbless or zero-entry shower is $8,000–$15,000. The written quote sets the price.

Ramps

A short note on wheelchair ramps

A ramp follows the same reasonable-modification rules when a resident with a disability needs it to get in. HUD and DOJ use a ramp at a building entrance, in a common area, as an example of a modification that must be permitted at the resident's expense.

A threshold ramp at a unit door is a smaller project than a full entry ramp on a shared walk or the building steps. The shared ramp is the common-element question.

The planning range is $650–$3,700. A threshold ramp is from $650. The written quote sets the price.

Planning prices

Ranges families use before the written quote

These ranges are for planning a project in Miami-Dade, Broward, or Palm Beach County. They are the same ranges used across Safe In Place. The free visit is what produces a written quote for one home.

Planning ranges for Miami-Dade, Broward, and Palm Beach counties

Project
Stair lifts
Planning range
$2,000–$5,000
What the range covers
Reconditioned from $2,000.
Project
Tub-to-shower conversion
Planning range
$3,500–$8,000
What the range covers
Stays in the old tub footprint and keeps a low step.
Project
Curbless or zero-entry shower
Planning range
$8,000–$15,000
What the range covers
The floor is re-sloped for a linear drain.
Project
Wheelchair ramps
Planning range
$650–$3,700
What the range covers
A threshold ramp is from $650.

Planning ranges only. The licensed contractor's written quote after measuring sets the price.

How Safe In Place helps

The free visit, then one licensed contractor

Safe In Place is a free in-home assessment for homeowners in Miami-Dade, Broward, and Palm Beach counties. It connects the family with one licensed, vetted local contractor.

The visit looks at the person and the space, including the stairs, the shower or tub, and the entrance. Visits are scheduled from 4 to 7 PM and at least two days out. The contractor writes the quote in about two days. The work is often done in about a week. Those timings are typical. They are not a promise for every building.

The contractor can provide the description, plans, Florida license number, and insurance certificate the board asks for, and can identify the permit office for the address. The family decides, with no obligation. Board approval is not promised. An adult child can set up the visit, including from out of town. Call (786) 755-1120. A real person answers from 9am to 8pm, seven days a week. Se habla español.

Official sources

Where these rules are written

Read the official text. This page is a plain-language summary for families in Miami-Dade, Broward, and Palm Beach. It is not legal advice, and it is not a promise that a board will approve a request.

Common questions

Questions families ask before they write the board

Can my condo board say no to a stair lift?

Generally, no, when a resident with a disability needs the stair lift as a reasonable modification and the resident pays for it. That duty is in the federal Fair Housing Act, 42 U.S.C. § 3604(f)(3)(A), and the Florida Fair Housing Act, Fla. Stat. § 760.23. The board can ask for a description or plans, the contractor's Florida license number, a certificate of insurance for that contractor, required permits, and other reasonable conditions. A stair lift in a shared stairwell is also a common-element question under Fla. Stat. § 718.113. This is general information, not legal advice, and approval is not promised.

Do I need board approval for a walk-in shower inside my unit?

Yes. HUD and the U.S. Department of Justice say a person needs the housing provider's approval before making a reasonable modification, including work inside the unit. Send the request in writing with a description or plans. A shower that stays inside the unit is a different project from a lift on a shared stair or a ramp at the building entry. Curbless work can reach the slab or shared plumbing, so the board may ask for more detail. Approval is not promised.

Who pays for a stair lift or an accessible shower?

The resident pays for the modification. Both 42 U.S.C. § 3604(f)(3)(A) and Fla. Stat. § 760.23 describe the change as made at the expense of the person with a disability. Safe In Place does not promise that any program will pay the contractor. The free in-home assessment is free. The licensed contractor's written quote sets the project price.

What documents does the board need?

Families usually send a written request, a description or plans, the contractor's Florida license number, a certificate of insurance for that contractor, and a note on who will apply for any required permit. HUD and DOJ say the provider may require a description, building permits, and work done in a workmanlike way. They also say the provider may not require the resident to buy a separate liability policy as a condition of approval. If the disability and the need are obvious, the provider may not ask for more information about the disability. Full medical records are generally not required.

Can other owners vote a stair lift or shower down?

Other owners should not vote on whether the disability or the medical need is real, and the board should not collect full medical records for that purpose. Disability-related information is confidential. For a material alteration of condominium common elements, Fla. Stat. § 718.113 can require the procedure in the declaration, or approval by 75 percent of the total voting interests if the declaration is silent. That is a vote on the change to shared property. It does not erase the fair housing duty to allow a reasonable modification. How the two rules meet in one building is a question for an attorney. This page does not promise an outcome.

What if the board takes months to answer?

Ask for the decision in writing, including the reason. HUD and DOJ say a housing provider must respond promptly, and an undue delay may be treated as a failure to permit the modification. A housing discrimination complaint can be filed with HUD, and a complaint can be filed with the Florida Commission on Human Relations. Consult an attorney about which route fits and what deadline applies. This page does not promise a timeline or a result.

Do I need a building permit?

Board approval and a building permit are separate. The licensed contractor confirms which city or county office covers the address and whether that office requires a permit before work starts. Do not treat a letter from the association as a permit, and do not start from an assumption that no permit is required.

How does Safe In Place help with the board packet?

Safe In Place is a free in-home assessment in Miami-Dade, Broward, and Palm Beach counties. It connects the family with one licensed, vetted local contractor. Visits are from 4 to 7 PM and at least two days out. That contractor can supply the plans, Florida license number, and insurance certificate the board asks for, and writes the quote in about two days. The work is often done in about a week. The family decides, with no obligation. Board approval is not promised. An adult child can set up the visit. Call (786) 755-1120.

Book the free assessment

Call (786) 755-1120 or start with the ZIP form. Safe In Place connects your family with one licensed, vetted local contractor who can prepare the plans and paperwork a condo or HOA board asks for. The assessment is free. Board approval is not promised.