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Rainbow of documents not a welcome sight

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Special to The Times

Question: I am handicapped with serious vision problems and am also colorblind. The board and management company of my condominium complex send out information on colored paper and make references to the “pink sheet,” the “green sheet” or the “yellow sheet.” The problem is, I can’t tell what colors the sheets are because I don’t see colors. They know I am colorblind because I keep reminding them, but they ignore my requests to fix this. What can I do to let the board know that I am serious about this?

Answer: Many owners complain of varying font sizes, small print and contradictory information in the communications they receive that make them difficult to understand. Regardless of whether a titleholder is physically challenged, clarity and legibility of association communications is important.

Start by putting your objections to the association in writing, addressed to the current board of directors, and include a deadline date for its response. The board ought to act quickly and in a manner that tries to resolve this problem amicably, without hefty fees paid to third-party advisors. The combination of your colorblindness and the board’s persistence in using colored paper could be an indicator of other conflicts percolating throughout your homeowner association’s operations.

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A board of directors’ duties encompass performing due diligence in matters brought before it. That includes providing reasonable accommodation of a known disability. The board also has a responsibility to take steps to prevent discrimination and harassment from occurring toward those who have been accommodated for such disabilities.

There are other, simple ways to identify documents. The board could place large numbers on the pages for purposes of identification or that relate to a specific topic, for example, 1-A, 1-B.

This is not an unreasonable burden on the association. In fact, it could be a benefit: While providing a solution to your problem, it could avoid future problems in copying the records. The board may have problems deciphering its own shorthand when making copies of the colored pages for its files only to discover later that its photocopies are all white.

Just as boards are required to allow titleholders to make certain architectural alterations to accommodate physical needs, so too should boards consider accommodating the less obvious needs of their association members when asked. Although colorblindness may not be a protected category under the Davis-Stirling Act, using large numbers or letters placed at the tops of the pages would seem to accomplish the same end as using colored paper.

Actions by boards that show a genuine interest in the titleholder’s requests have the potential of diffusing dissension that may be brewing among owners. Ignoring the requests of a homeowner, especially one with a disability, creates unnecessary hostility toward the association and sets up an adversarial situation where one need not exist, or where, as in this case, the solution is reasonable, cost-effective and expeditious.

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Send questions to P.O. Box 11843, Marina del Rey, CA 90295, or e-mail noexit @mindspring.com.

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