Loudoun County 82-year-old asked to pay to make community pool wheelchair accessible
LOUDOUN COUNTY, Va. (FOX 5 DC) - An 82-year-old man in Loudoun County says he needs wheelchair access to his private community's pool. His homeowner's association says they'll consider it, but he'll have to foot the bill.
Dr. G. V. V. Rao's doctor told him the only exercise he is allowed to do is walk in a pool. Rao has been dutifully following those instructions at his 55+ private community pool for 12 years.
Now, his movement is slowing down even more, and the doctor says it's time for a wheelchair. The problem for Rao is that his beloved indoor pool doesn't have wheelchair-accessible automatic doors.
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Rao asked community management to modify the doors. There's no power source near the doors, and management told Rao they are open to fixing that, so long as Rao agrees in writing to bear all costs associated with the proposed modifications.
"I have been using the pool for 12 years and so far I was able to walk with the walker but slowly and becoming unsteady," Rao says. "And there's a big door. And when I open the door, sometimes I feel as if I'll fall down."
FOX 5 reached out to the community's management but has not yet heard back. Both Virginia and federal disability laws apply to private entities like homeowners associations.
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According to the DOJ, tenants can request reasonable modifications to dwellings including common spaces. It's unlawful for the homeowners' association to refuse the modification when it may be necessary for someone with a disability to enjoy the space.
The DOJ says examples include widening doorways to make them accessible to wheelchairs. However, while the Fair Housing Act says the housing provider must permit the modification, the tenant is responsible for paying for the cost of the modification.
"I'm here to pray to them and plead with them to make a sensible decision and a humane decision to let an old man get in. That's all I'm asking," says Rao.