Input about new policy in our building

[mrsksomeday]

We just received a new copy of our "Community Policies (House Rules)" for our apartment last week, we are supposed to sign this by November 1st. The building has many elderly and disablied people in it. This year they are implementing "Scooter (Motorized Devices)" Policy. Bill is in a motorized wheelchair. I was wanting input to see if you think some of these "policies" are as ridiculous as I think they are. Here is what was given to us:

A. The use of "scooter" (Electric or Gasoline Motorized Devices), which includes Electric Wheelchairs, Electric Scooters and Electric Carts, has increased dramatically over the past few years. While the use of a "scooter" is necessary and reasonable for many mobility impaired individuals, "scooters" present unique and novel safety issues.

B. Because of the potential issues and to help ensure the safety of all residents and guests, while avoiding unnecessary damage to our property, a "Scooter Policy" has been developed. The following rules have been established:

1. To help ensure the safe operation of "scooter", "scooter" must be operated at "low speed" at all times.

2. The only person authorized to operate "scooters" on the premises is the resident who, if requested, must provide a physician's verification of their need for the "scooter"; no one else is authorized to operate a "scooter" on the premises.

3. "Scooters" must be parked inside the resident's apartment or the apartment of the resident he/she may be visiting; "scooters" must not be left unattended in the hallways, stairways, or other common areas.

4. "Scooters" must be recharged only within the residents apartment.

5. Pedestrians must be given the right of way at all times; ample notice must be provided before passing pedestrians in the hallways.

6. Extreme care must be taken while entering and exiting the elevators with "scooters". Residents must back into all elevators. Before entering or exiting an elevator, residents must be able to visually inspect the area ahead and behind them to make certain that it is clear of all pedestrians and obstructions. Residents, who are unable to do this, must outfit their "scooter" with mirrors.

7. Residents are solely responsible for all upkeep and repairs of their "scooter".

8. Residents are responsible for any damage caused by their "scooter" in excess of normal wear and tear.

9. Management is not responsible for any damage to "scooters" caused by other residents or guests.

10. Use of "scooter" in certain areas of the building and at certain times of the day bay be restricted because of congestion in the hallways and common areas. Such restrictions will be posted separately on the bulletin board at least 24 hours beforehand.

11. If a resident drives a "scooter" in an unsafe manner, causes injury to other residents, or creates excessive damage to the property, the resident may be required to proved third party verification of their ability to operate the "scooter" in the safe manner.

12. Under certain circumstances these rules may be further modified to reasonably accomodate the needs of individual residents.

=========================================

My questions are:

#2 - is it even legal? I thought people couldn't ask for verification of need? Am I wrong?

#4 - The only time I have ever seen anyone (not Bill) recharge outside their apartment was when we had a National disaster and the power was out for over 5 days. We have a generator in the building that kept the elevators and the snack room with power. After the management came back they put a padlock on that room so if the power goes out for days again they will lock people out.

#5 - There are people walking all around the building, how can Bill be made to give them the right of way at "all times"? How would he get anywhere?

#6 - When Bill was growing up he was backing into an elevator, it wasn't there and he fell a floor, he will not back into an elevator ever again.

#10 - Can they really restrict where he goes? If pedestrians are allowed there, wouldn't people in scooters/wheelchairs be allowed?

Any input would be greatly appreciated .

 

[bookwormde]

1 is reasonable
2 may well violate some laws and regulation although I am not sure
3 is important since blocking egress components is a safety issue
4 sort of not needed with #3
5 again questionable, typically a safe manner statement is used for this
6 same as 5
7 da
8 ok
9 ok
10 again see 5
11 again see 5, I know of no such certifying party
12 not needed if they have concerns it can be addressed specifically, I would not sign a blanket waver on future rules

Have him send it to his local disability rights organization for an opinion.

bookwormde

 

[SueM in MN]

I don't even play an attorney on TV, so don't claim legal knowledge, just common sense, having used the Disability Law Center in my state on several occasions and having read the ADA.

A. The use of "scooter" (Electric or Gasoline Motorized Devices), which includes Electric Wheelchairs, Electric Scooters and Electric Carts, has increased dramatically over the past few years. While the use of a "scooter" is necessary and reasonable for many mobility impaired individuals, "scooters" present unique and novel safety issues.

Gas motored devices would not be allowed to be operated inside under any circumstances, so they can ban those. It's not safe to operate gas engines inside for air safety (Carbon monoxide) and fire/exposion safety reasons.

2. The only person authorized to operate "scooters" on the premises is the resident who, if requested, must provide a physician's verification of their need for the "scooter"; no one else is authorized to operate a "scooter" on the premises.

That would be totally illegal according to the ADA. You can not be required to provide proof of disability in order to use assistive devices.
And, they can't have a blanket policy policy that bans visitors from using a scooter on the premises. What if Bill has a friend with the same needs? According to this policy, the friend can never visit.

5. Pedestrians must be given the right of way at all times; ample notice must be provided before passing pedestrians in the hallways.

6. Extreme care must be taken while entering and exiting the elevators with "scooters". Residents must back into all elevators. Before entering or exiting an elevator, residents must be able to visually inspect the area ahead and behind them to make certain that it is clear of all pedestrians and obstructions. Residents, who are unable to do this, must outfit their "scooter" with mirrors.

Also illegal if they are requiring it. They could suggest both as safe practices, but can't require them.
Giving pedestrians the right of way at all times gives rights to the pedestrians and takes rights away from the people with disabilities.
They are treating all 'users' as wrongdoers. If they have problems with people, it is appropriate to handle it with those people. It is not appropriate to preemptively assume everyone is going to cause problems.
It would not be legal to say everyone has to outfit their scooter with mirrors and back into elevators. Again, they could suggest it, but not require it.

10. Use of "scooter" in certain areas of the building and at certain times of the day bay be restricted because of congestion in the hallways and common areas. Such restrictions will be posted separately on the bulletin board at least 24 hours beforehand.

That is probably illegal unless they are also going to restrict people who are not using wheelchairs and scooters at certain times of the day because of congestion.

12. Under certain circumstances these rules may be further modified to reasonably accomodate the needs of individual residents.

WHOSE needs would be accommodated and how?
Signing this is giving away rights without knowing what those rights are.

3. "Scooters" must be parked inside the resident's apartment or the apartment of the resident he/she may be visiting; "scooters" must not be left unattended in the hallways, stairways, or other common areas.

4. "Scooters" must be recharged only within the residents apartment.

Keeping the halls and stairs would be part of fire safety codes and are included in the need to keep a clear path of evacuation.
I don't think they could prohibit parking in common areas, as long as the scooter does not block any access paths.
But, in the situation of the power outage you mentioned, the apartment may have some responsibility to provide power to people like Bill who have a need for emergency power because they can't move without their wheelchair. They may not have the same need to provide power to people who can walk, but use a scooter for distances.

7. Residents are solely responsible for all upkeep and repairs of their "scooter".

8. Residents are responsible for any damage caused by their "scooter" in excess of normal wear and tear.

9. Management is not responsible for any damage to "scooters" caused by other residents or guests.

Those are all reasonable and would be legal as far as I know.

11. If a resident drives a "scooter" in an unsafe manner, causes injury to other residents, or creates excessive damage to the property, the resident may be required to proved third party verification of their ability to operate the "scooter" in the safe manner.

They can probably do something, but I'm not sure they can require proof.
Plus, what is "excessive damage"? Would that mean someone bumps a wall once?

For figuring out if it is legal, try googling for Disability Law Center, Disability Advocacy or, if you can't find anything that seems to fit, try the Attorney General's Office for your state.

 

[mrsksomeday]

Thank you both for replying. I knew it was illegal for them to require proof of need for the "scooter". I just wanted to see what others thought about these policies, we have all been discussing them around here. I have the number for a disability rights agency here in town and will be calling them Monday morning to have them look over this.

We have a pretty good relationship with the manager of the building. I know it says they can modify things to accomodate an individual but what about people that don't stand up for their rights and just sign them away. Some of these policies have to be rewritten and Bill and I are willing to take on the challenge to get it done.