Is this even legal? (if not, what can be done?)

[moon]

OK, my falive in a 10 story, 55+ condominium building which has two elevators. There has been a lot of "renovations" done this year. One of the elevators has been out of order due to "repairs" since May (we never see any work done on this)

Now today my mom saw a notice saying that the only working elevator will be down for repairs for two days next week!

How can they do this on a building with so many floors and full of elderly people? Why don't they finsh fixing one elevator befor starting repair work on the other?

Is it legal? What can we do about it? We've talked to the association and they are determined to go ahead with this.

Any advice will be appreciated

 

[LuvOrlando]

Wouldn't the local District Attorney be in charge of this sort of thing,and by in charge I mean in charge of bringing criminal charges against scofflaws? Not only is this dangerous but I am pretty sure leaving the facility in a non-handicapped accessible state like this is totally illegal. I would think the local Newspaper might be a good ally in embarrassing the place into doing the right thing... besides it would alert family members to the other inhabitants.

 

[clh2]

What about contacting the town/village/city building inspector for your area?

 

[bicker]

I would hope that that sort of thing would be illegal in every state, but I'm pretty sure it isn't a federal law. What makes it complicated, though, is that it is a condo -- essentially a private residence. There are sometimes rules that protects tenants that don't protect folks living in a condo.

OP: Best of luck.

 

[Imzadi]

I recall seeing something like this on the news. I don't believe it is legal. But, it may depend on how many floors a building has before it is considered a violation. You may want to call the city inspector of buildings and the neighborhood fire department. I think they came in and had to carry an elderly woman to her floor as, health-wise, there was no way she could make it up to her place by herself. Also, they checked on the other elderly tenants to make sure they had enough food & water and that they had a supply of medicines as they could not get down by the stairs.

 

[Disney Doll]

Start by calling your town building inspector's office.

 

[moon]

Thank you for your replies. We're In Fl, so I'm sure there are more laws protecting the elderly. I also think that ten floors would be more than enough for this to be a violation.

You've given me great ideas. The problem is that apparently they put up the notice last night, and the elevator will be out of order starting on Monday, so there's really not much time to do anything.

My mom has a medical app on Tuesday (a very important one, not just a routine check-up) which can't be missed, and shouldn't be postponed. She's elderly, with serious back problems. She could make the effort to climb the stairs, but would have to pay the price in pain.

She's dealing with the stress of a recent diagnosis, and now this...

 

[NatashaDisneyCM]

no, the Board of Health/ housing inspector would handle that.

 

[phorsenuf]

Maybe the other elevator will be working.

You say that the other elevator has been out of order since May. Do you know for sure it is. Maybe for whatever reason they only wanted to run one and it was just easier for them to say it's out of order.

How old is this building? If the other elevator isn't working I wonder if ADA laws would then be violated.

 

[allison443]

Thank you for your replies. We're In Fl, so I'm sure there are more laws protecting the elderly. I also think that ten floors would be more than enough for this to be a violation.

You've given me great ideas. The problem is that apparently they put up the notice last night, and the elevator will be out of order starting on Monday, so there's really not much time to do anything.

My mom has a medical app on Tuesday (a very important one, not just a routine check-up) which can't be missed, and shouldn't be postponed. She's elderly, with serious back problems. She could make the effort to climb the stairs, but would have to pay the price in pain.

She's dealing with the stress of a recent diagnosis, and now this...

Do you live close enough that your mom could stay with you for a couple of days so she could get to that doctor's appointment?
I don't think the DA would have anything to do with it. Like others said, it would be more the building department, housing inspector, or if your town has a Department of Aging they could probably help you.

How about the board members of the condo? Aren't they residents of the building as well? (Unless they live on the first floor ) Do your parents know them-could they speak to them and find out what's going on?

I hope it works out.

 

[agnes!]

Call the local TV/Radio stations.

Call the local newspaper if possible.

Call the non-emergency fire/police number.

Call the county building inspector.

Call EVERYONE who is on the condo board.

Call an elder-law attorney, sounds like maybe a class-action lawsuit to me...

Call the Board of Health.

If possible get any phone numbers of residents' relatives and let them know.

Call the County Board of Supervisors, our local office always helps me when I'm trying to figure out who to contact.

And good luck, and sorry about your mom's diagnosis.
agnes!

 

[moon]

Maybe the other elevator will be working.

No, the notice says that both will be out of order for 48 hours.

You say that the other elevator has been out of order since May. Do you know for sure it is. Maybe for whatever reason they only wanted to run one and it was just easier for them to say it's out of order.

I don't know. You could be right, but when called only one has worked all these months.

How old is this building? If the other elevator isn't working I wonder if ADA laws would then be violated.

The building is 40 years old. It has always been a 55+ building. Many residents have been here for over 30 years, so we have some very old people in the building

Do you live close enough that your mom could stay with you for a couple of days so she could get to that doctor's appointment?

We live together, so that's not an option

How about the board members of the condo? Aren't they residents of the building as well? (Unless they live on the first floor ) Do your parents know them-could they speak to them and find out what's going on?

The board members live here. I bet you are right and they live on the first floor, or perhaps they have known about this for a long time and made arrangements. The worst thing is was to dump this on the rest of the resindents with only a couple of days notice on a friday night. We have talked to them, to no avail.

I hope it works out.

Thanks!

Call the local TV/Radio stations.

Call the local newspaper if possible.

Call the non-emergency fire/police number.

Call the county building inspector.

Call EVERYONE who is on the condo board.

Call an elder-law attorney, sounds like maybe a class-action lawsuit to me...

Call the Board of Health.

If possible get any phone numbers of residents' relatives and let them know.

Call the County Board of Supervisors, our local office always helps me when I'm trying to figure out who to contact.

The other residents know by now. We'll discuss these options

And good luck, and sorry about your mom's diagnosis.

Thank you Agnes



Thank you, Agnes

 

[Obi-Wan Pinobi]

From what I read here, the answer to your original question is most likely an emphatic "no."

From buildings.com (with the tag line "helping facilities professionals make smarter decisions") --

Unless your facility is less than three stories tall, or has fewer than 3,000 square feet per floor, your elevators must conform to the guidelines set forth by the Americans with Disabilities Act (ADA).

At 10 stories, that building has to have a working elevator. They may say "it's only for 48 hours", but what if there are delays? And usually there are delays.

I would bring that to the condo association's attention. If they don't agree to delay, then try everything you can to get an elder law or disability attorney on Sunday before they shut it down. A reporter at a local newspaper or television station may be able to help if they have the phone number of an attorney they've worked with on previous reports. It may be a hastily written letter and might cost you, but something warning of legal action if they take the elevator out of service might stop them.

I would say try to get someone with the building inspector's office but we're talking a government agency on the weekend.

 

[Imzadi]

I suggest you slip an anonymous note under the Board's doors saying the building inspector's office will be called first thing Monday morning and there had better not be code violations or there probably will be penalties. They may rethink shutting down the second elevator.

I also don't think it matters that it's a condo that is privately owned. Building violations are building violations.

I would suggest calling the fire department now since the sign is posted. They have their own building inspectors. It may create a fire hazard to have both elevators shut down. I know you are not supposed to use them during fires, but they would probably know if this is a glaring violation. They usually also have EMT units and would know the effects of making elderly people walk up 10 flights of stairs. Maybe one of them can come in and talk to the Board and ask them what "alternate solutions" have they come up with to help the elderly up & down?

 

[BeachGirlFLA]

I'd let the office know that I'm going to let the proper authorities know if this is done and if they still do it, I'd let the proper authorities know and find a way for your family to stay in a hotel. I would then sue the property for the money that I spent on the hotel and punitive damages. It won't take care of the other people that live there, but at least it will take care of your family.

 

[phorsenuf]

I would suggest calling the fire department now since the sign is posted. They have their own building inspectors. It may create a fire hazard to have both elevators shut down. I know you are not supposed to use them during fires, but they would probably know if this is a glaring violation. They usually also have EMT units and would know the effects of making elderly people walk up 10 flights of stairs. Maybe one of them can come in and talk to the Board and ask them what "alternate solutions" have they come up with to help the elderly up & down?

Also what if something happened to someone on the 10th floor and they needed medical attention. 10 floors up (and down) with a gurney might not be feasible.

 

[Obi-Wan Pinobi]

I would suggest calling the fire department now since the sign is posted. They have their own building inspectors. It may create a fire hazard to have both elevators shut down. I know you are not supposed to use them during fires, but they would probably know if this is a glaring violation. They usually also have EMT units and would know the effects of making elderly people walk up 10 flights of stairs. Maybe one of them can come in and talk to the Board and ask them what "alternate solutions" have they come up with to help the elderly up & down?

Ooh, I didn't think about the fire department. That's a great idea.

 

[bicker]

All condos are privately owned. Condos aren't public buildings; they're private residences. That's why some laws that apply to apartment buildings simply don't apply to condos. However, some laws do apply to all multi-family dwellings, regardless of ownership. It all depends on the prevailing state law.

Contacting the fire department is a good idea.

 

[phorsenuf]

All condos are privately owned. Condos aren't public buildings; they're private residences. That's why some laws that apply to apartment buildings simply don't apply to condos. However, some laws do apply to all multi-family dwellings, regardless of ownership. It all depends on the prevailing state law.

Contacting the fire department is a good idea.

Ssssssssooooooo who's on first?

 

[Imzadi]

All condos are privately owned. Condos aren't public buildings; they're private residences. That's why some laws that apply to apartment buildings simply don't apply to condos. However, some laws do apply to all multi-family dwellings, regardless of ownership. It all depends on the prevailing state law.

Contacting the fire department is a good idea.

Ah, I see that you are talking about now. I was thinking specifically of building codes, like certain standardized materials and equipment (like elevators) may need to be used to conform to codes, no matter if the building is privately owned or not.

But, yes, some condo laws are different from apartment buildings.

Ssssssssooooooo who's on first?

No, it's what's on second.