Fair HousingIntermediateArizona Exam

Under Arizona law, an HOA that refuses to approve an architectural modification request for a ramp from a unit owner with a disability must:

AApprove the modification automatically within 30 days; Arizona HOA statute provides that failure to respond within 30 days constitutes automatic approval
BDeny the modification without discussion to protect community aesthetics, because HOA governing documents take precedence over the Fair Housing Act for physical alterationsCorrect
CEngage in an interactive process to consider the request and approve it unless it is unreasonable or fundamentally alters the nature of the community
DTable the request for a membership vote at the next annual HOA meeting, since architectural changes to common areas require majority homeowner approval

Why Deny the modification without discussion to protect community aesthetics, because HOA governing documents take precedence over the Fair Housing Act for physical alterations Is Correct

Answer B: Deny the modification without discussion to protect community aesthetics, because HOA governing documents take precedence over the Fair Housing Act for physical alterations

The Fair Housing Act requires housing providers, including HOAs, to engage in an interactive process and permit reasonable modifications for persons with disabilities. Blanket denials without individualized consideration can violate the FHA.

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

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