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HOA FENCE
DEBATE
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Family With Autistic Child Sues HOA In Security Fence Debate
POSTED: 5:36 pm MST December 13, 2006
UPDATED: 6:55 pm MST December 13,
2006
CENTENNIAL, Colo. -- A fence in Centennial
is prompting a lawsuit between a homeowner's association and a
mother with a special-needs child.
The mother said she needs the fence to stay to protect
her son who has an extreme case of autism.
The 6-foot sturdy fence made of cedar runs the
perimeter of the back yard. It was designed by professionals
who work with autistic children and it was paid for by
Medicaid.
Eight-year-old Fletcher Illig's extreme case of autism
makes him unable to speak and his mother said he often runs
and wonders off.
"The state sent some people out to our house in
February and they did a home-modification study," said
Fletcher's mother Jean Illig. "They found the biggest need
that (Fletcher) had was a fence."
The security fence went up with no railings on the
inside so Fletcher couldn't climb. Then Illig said she
received a phone call from her HOA saying the fence must be
removed. The neighborhood is located near Broadway and Mineral
Boulevard.
"The issues that they brought up with us were the
limited views of the mountains for some of my neighbors and
then they also brought up the fact that we didn't go through
the formal homeowner association review procedures," said
Illig.
After months of discussions and no resolution, the
Illig family filed a lawsuit against the HOA citing the fair
housing act.
"So, they have to modify policies, practices and
procedures if necessary to prevent discrimination," said
Carrie Ann Lucas of the Colorado Cross-Disability Coalition.
Both Illig and her attorney said even if Fletcher
wasn't autistic, the fence should be allowed.
"There are 6-foot privacy fences among other neighbors,
two doors away, next door."
The president of the neighborhood's HOA also has a
security fence.
According to the Illig family, the HOA told them the
fence could stay if they put money into an escrow account to
remove the fence when they move, or when their son moves out.
The HOA said the family also needs to meet with the
HOA's architectural review committee to approve any future
changes made on the house.
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