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- SUIT FILED FOR FEDERAL FAIR HOUSING PROTECTION By Denny R. Wood, Plaintiff |
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It is with much embarrassment that this article and lawsuit is being published on a web site that I publish. It is too personal and private. I cannot be the only person victimized by Condominium "Boards" who are allowed, repeatedly, to violate the Federal Fair Housing Law, as they will be defended by insurance company lawyers. If this article and suit helps just one other person with a disability, then this article has served it's purpose. If the suit is successful, we will have a "pool lift" precedent to help the next person with the problem. The suit can be filed by the affected plaintiff. The tools are on this web site. You can ask for the appointment of a lawyer if you can't afford one. You can file with Housing and Urban Development, but expect the complaint to be forwarded to the Florida Commission on Human Relations, in Tallahassee, which I do not advise. Your best alternative is hire an attorney, if you can afford it. When you file a fair housing complaint (1993) under the Federal Fair Housing Act so you may live in the condominium of your choice you may expect the following after you win and move in: The same Board refuses to give you a parking space that meets your needs as a person with a disability. Same remedy, file a complaint. (1994). Following this hollow victory you may experience the following: You may find nails in your van tires, for years. Lots of them. You might find scratches on your van’s new paint job. A locking gas cap is a must, but this can be bypassed by anyone with auto mechanical knowledge. You may have to replace an engine in your vehicle due to someone having auto mechanical knowledge. If you and your girlfriend leave town, expect to have management break into your unit “to find a leak” with a key you do not know existed. The plumber discovered no leak. The “leak” had been reported to management, who did nothing, until we left town for a month, which we did on a regular basis. If your roof leaks, after the new 1992-1993 new roof installation, your unit will be the last leak repaired 9 years later. You might have the Condominium Resident Manager, also a convicted felon, claim you stuck a gun in her face and say to the police he threatened “to kill me.” Afterwards, the police will arrest you, take you to jail, causing you all sorts of bond posting & legal expenses, loss of work time from going to report at court for a year and a half. The police will believe a convicted felon, (grand theft of jewelry from someone’s home, other complaints, one “sealed” item and an arrest for shop lifting) nor would the police take a statement from your landlord, who is also your girl friend (no record) stating you do not own a gun. When the state finally figures out the charge was false, after the Resident Manager lies in a deposition, and all the false charges are finally dropped, thanks to a great lawyer, Richard Sharpstein, you ask the Board just for the expenses their convicted felon resident manager caused. Of course their answer is "no." And the Board covered it up. Right from the beginning. Even after the complete arrest(s) record was presented to the Board who employed the convicted felon, who has keys to almost all of the units even though she was convicted of grand theft of rings from a home she was cleaning. And still, they covered it up at every opportunity. They claim the resident manager has suddenly “retired” due to her disability, M.S. When the neighbor below you makes up a story that there is too much noise up stairs, the Board instructs the Board Attorney to send you a letter stating that you must install padded flooring. Mind you, the roof still leaks. And the Board does not pay for roof leak damage. When the "whining noise" of the $7000 power wheelchair is described, it is time again to seek refuge under the Federal Fair Housing Act. This complaint faded somewhere into the “wind” after we volunteered to do a engineer’s noise test. When the parking lot gets resealed you might come home to discover that your Federal Fair Housing Agreement about where you park, is violated and your 12 foot wide space with an access aisle is now gone. The two iron posts that kept cars from blocking the blue stripped access aisle to the building are also eliminated. The restripping did not provide for an unloading zone, so now the delivery trucks, and others park in the new, unneeded disabled spaces, and the blue stripped access aisle and part of the disabled parking is obstructed by U-Haul trucks. The Board either through gross stupidity or design has produced a confrontational situation. When the entrance is obstructed for 4 hours, and the police arrive, they make exceptions and drive away, without asking the U-Haul truck to move out of the well marked in blue paint access aisle and disabled parking space. Some Metro Dade Police are worst than the violators! There are now four disabled parking spaces where there was one for the general public. The engineer didn’t know the rules are different for parking at condominiums, 2% of the total of guest spaces. No provisions for delivery trucks or guests anymore. If you are in a wheelchair, you will not be consulted about how to restripe the parking lot. After all, you use the Federal Fair Housing law to protect yourself. The only access path to the sidewalk where you go to catch a bus has always been between two parked cars with the centerline in the middle of the sidewalk. IF you can get between these two cars, you still have to go behind parked cars to get to the driveway and face oncoming cars to get to the sidewalk. Naturally, the Board, contractor and inept building department do not comply with the Federal Law to create a safe access path to mass transit. When you ask for permission to install your pool
lift, they may impede you all the way, for When an attorney comes to discuss the pool lift and other problems, the hand rails in the pool restrooms finally get installed correctly, the bulletin board gets lowered to a readable height, the door handles on the brand new doors get changed to legal lever type handles and doorstops are finally added to the heavy laundry room doors. Ultimately, the Board votes to deny the pool lift altogether, at a meeting where you are not invited to attend, noticed or advised of the action. Only when you go to the Board to get a letter of permission to install the water source are you told, no we decided months ago not to let you install your pool lift that is all paid for. Clearly, this Board wants me to have no exercise. My life span is being shortened. My left shoulder is sore every day. Even with help from Marcene, the pool exit is rough. My good friend, a doctor of physical medicine has prescribed swimming exercises to help the shoulder problem. I'm overweight, and I know I can burn a lot of calories swimming. Why do Board members violate the laws they know exist? Why are the Board Attorneys so eager to go to court? The answer is simple. The Board members are protected by insurance policies. They can do no wrong, as the insurance companies will defend the Board, in court. When we take insurance coverage out to the Federal Fair Housing Act, we will have better compliance, less complaints, few, if any lawsuits and Boards will be motivated into Federal Fair Housing Law compliance. The Board’s attorney does not represent the Board in court. The Board’s insurance company, with unlimited resources defends the Board members. Getting the minutes of meetings is a real trip. Forget the law on documents. The management company will run you around for weeks trying to get copies of the minutes. The President of the management company, in this effort said, “I have read your file” and “why don’t you move?” My answer to the above nonsense about the pool lift is as follows: UNITED STATES DISTRICT COURT CASE NO.: 02-22068-CIV-GOLD/SIMONTON DENNY R. WOOD, Plaintiff, vs. BRIARWINDS CONDOMINIUM AMENDED COMPLAINT Defendants. COMES NOW the Plaintiff, DENNY R. WOOD, pro se, and files this action under the Fair Housing Act, against Defendants, BRIARWINDS CONDOMINIUM ASSOCIATION BOARD OF DIRECTORS and alleges the following: I. VENUE AND JURISDICTION 1. This Court has jurisdiction and venue under The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, As Amended, 42 U.S.C. §§ 3601, et seq., and specifically under Sec. 813 [42 U.S.C. § 3613]. II. PARTIES 2. Plaintiff, Denny R. Wood (“plaintiff”), is a resident living at 13000 SW 92 Avenue, B-403, since November, 1993. Plaintiff is a person with a physical disability who uses a wheelchair for mobility, due to paraplegia (T-6, 7, 8 level), since 1964, as a result of a work-related accident. Plaintiff’s disability is clearly defined in the Fair Housing Act, and therefore, is protected under the Fair Housing Act. 3. Defendants, Briarwinds Condominium Association Board of Directors (“defendants”), of Miami-Dade County, Florida are the entity responsible for the buildings, structures or portions thereof which are occupied at 13000 SW 92 Avenue, Miami, Florida. III. SUMMARY OF CASE 4. This is an action for injunctive relief to allow the plaintiff to install a pool lift at the expense of his own resources, punitive damages, attorneys fees, expert's fees, litigation expenses and costs pursuant to 24 CFR Part 100, {Docket No. N-91-2011; FR 2665-N-06], Fair Housing Accessibility Guidelines, Final Guidelines. (See Pool Lift, attached as Exhibits “1a” and “1b”) IV. PROCEDURAL HISTORY BETWEEN PARTIES 5. Plaintiff has been a continuous resident, living at 13000 SW 92 Avenue, B-403, since November, 1993 pursuant to a Conciliation Agreement in a Federal Fair Housing Complaint for denial of occupancy, Wood v. Briarwinds Condo. Assoc., Case No.: 04-93-0509-8, and in a denial to provide adequate parking for plaintiff, a second Federal Fair Housing Compliant was ended in March of 1994 in Conciliation Agreement of Wood v. Briarwinds Condo Assoc., Case No.: 04-94-0211-8. V. FACTS 6. Defendants, Briarwinds Condominium Association Board of Directors, (“defendants”) in a formal Board Meeting, held October 8, 2001 (See Minutes, attached as Exhibit “2" ) voted to not allow plaintiff to install a pool lift so that plaintiff could independently, and daily, have access to the swimming pool for exercise and recreational use. Plaintiff did not receive notice that the issue was on the agenda, nor was he advised of the action of denial. Plaintiff learned about it months later, at the January 22, 2002 Board meeting when asking defendants for a letter of permission to install the water source. (See Minutes, attached as Exhibit “3") This denial reversed the letter of June 11, 1998, from defendants’ attorney, which stated plaintiff could install the lift, but had an unacceptable clause that plaintiff must remove the lift every time plaintiff finished each "swim.” (See Denial, attached as Exhibit “4") 7. Plaintiff used a standard wheelchair and in the late 1990's, but since has become more dependent on a motorized wheelchair due to shoulder soreness brought on by age and years of pushing the standard wheelchair. Plaintiffs only means of exercise is swimming, water therapy. 8. Defendants actions have aggrieved the plaintiff’s condition by their denial. As a result, plaintiff’s condition (shoulders) has been aggravated by the lack of pool access. 9. Plaintiff has had at least two different doctors, over a period of eight years, recommend swimming exercise (water therapy) to help with the debilitating shoulder weakness and pain and further proscribed the assistance of a pool lift. (See Exhibits “5" and “6"). 10. The problems plaintiff hoped that swimming would help prevent have become current health problems, including weight reduction and management and intermittent shortness of breath. Plaintiff firmly feels that the lack of exercise, swimming, is leading to the shortening of his life span. The lack of exercise precludes plaintiff from participating in President Bush’s directive to exercise on a regular basis. 11. Defendants are aware of the Federal Fair Housing Law, as plaintiff sought further protection of his civil rights in October 1999, FCHR No. 99-W273H, HUD No. 04-99-3680-8, when defendants sought to force plaintiff to install "padded" flooring. (See Exhibit “7") Defendants also, in 2002, purchased at least two front loading washers to comply with the Federal Fair Housing Act. 12. This action is limited to the pool lift, and does not address the other pending Federal Fair Housing Law violations that may exist against defendants. COUNT I 13. Plaintiff incorporates paragraphs 1 through 12 into Count I. 14. Defendants, through their actions, have discriminated against plaintiff under Sec. 804 [42 U.S.C. § 3604(f)(2)] by “discriminat[ing] against any person in the terms, conditions, or privileges . . . of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of– (A) that person; or (B) a person residing in or intending to reside in that swelling after it is so sold, rented or made available; or (C) any person associated with that person.” COUNT II 15. Plaintiff incorporates paragraphs 1 through 12 into Count II. 16. Defendants, through their actions, have discriminated against plaintiff under Sec. 804 [42 U.S.C. § 3604(f)(3)] by “ . . . discriminat[ing] [by] (A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, . . . , (B) a refusal to make reasonable accommodations in rules, policies, practices, or services , when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” COUNT III 17. Plaintiff incorporates paragraphs 1 through 12 into Count III. 18. Defendants, through their actions, have discriminated against plaintiff under Sec. 818 [42 U.S.C. § 3617], Interference, coercion, or intimidation. Whereas, “[i]t shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections 803, 804, . . . .” WHEREFORE, plaintiff respectfully requests this Court order the following: 1. Allow plaintiff to install a pool lift pursuant to Federal Fair Housing Guidelines, Requirement 2, Basic Components for accessible and Usable Public and Common Use Areas or Facilities, Number 14, 4.1 through 4.30; 2. Defendants issue a letter of permission to install the water line source and the pool lift. Such pool lift, when not being used, would be locked and the water source disabled by removing the water source handle; 3. Defendants, through their management company, sign a plumbing permit for the water source installation and anchoring device within five workdays of presentation of the permit to the management company by a licensed and insured contractor; 4. Defendants establish and maintain an escrow account of five thousand dollars ($5,000.00), for the sole purpose of the pool lift repairs resulting from, retaliation, vandalism, sabotage, or theft. This order will include a repair or replacement of not less than 10 workdays; 5. Award Plaintiff one million dollars ($1,000,000.00) in punitive damages or an amount that may or may not exceed one million dollars ($1,000,000.00) for the denial of needed exercise, emotional suffering and the continuous denial of plaintiff's civil rights (including, but not limited to, a false claim of aggravated assault with a firearm by the Briarwinds Resident Manager, Pam McComas, who also was a convicted felon. (See Exhibit “8"); this false charge which created a huge legal financial expense that could have been used to purchase the pool lift. (See Case No. F96036220); defendants, when requested by plaintiff chose not even to pay the legal expenses incurred by the false aggravated assault charge); and 6. Defendants pay all attorney(s)’ fees, expert(s)’ fees, litigation expenses and costs incurred in this complaint. DATED: August _________, 2002 Respectfully submitted by,
_________________________ I HEREBY CERTIFY that a copy of the foregoing, AMENDED COMPLAINT, was sent on August ______, 2002 via U.S. Mail to: SKRLD, INC., Registered Agent for Defendants, 201 Alhambra Circle, Suite 1102, Coral Gables, FL 33134.
By: ______________________ Following the above suit being filed, it was turned over to the Association's Insurance Company lawyers who filed a "MOTION TO DISMISS OR STRIKE THE PLAINTIFF'S COMPLAINT WITH MEMORANDUM OF LAW". The Federal Fair Housing web site says that the plaintiff can ask for a court appointed attorney. This motion has not been granted. One has to really scrounge to find some pro bono help to do the following Plaintiff's answer, all the time hoping that the court will appoint the attorney to help. Below is my answer to their Motion! CASE NO.: 02-22068-CIV-GOLD/SIMONTON DENNY R. WOOD, Plaintiff, vs. BRIARWINDS CONDOMINIUM PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO DISMISS OR STRIKE THE PLAINTIFF'S AMENDED COMPLAINT COMES NOW the Plaintiff, DENNY R. WOOD, pro se, and files this action under the Fair Housing Act, against Defendants, BRIARWINDS CONDOMINIUM and respectfully asks the court not to dismiss this cause of action based on the following:
Wherefore, plaintiff, Denny R. Wood, respectfully requests that this court enter an order dismissing the Defendant's motion by the Defendant's Insurance Company attorney's "Motion to Dismiss or Strike the Plaintiff's Amended Complaint with Incorporated Memorandum of Law" and force the Defendants to file an Answer and allow this case to proceed. Respectfully submitted by, |
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years, all the way to Federal Court. The Board Attorney says you can
install a pool lift, but each time you finish swimming you have to unhook
it and take it away.