Woodburn couple sues, claiming former HOA discriminated against - KPTV - FOX 12

Woodburn couple sues, claiming former HOA discriminated against disabled daughter

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Gary and Renee Kuhn with their daughter Khrizma. Gary and Renee Kuhn with their daughter Khrizma.
WOODBURN, OR (KPTV) -

A Woodburn couple is suing their former Homeowners’ Association, after they said they were forced to choose between their home and accommodating their daughter’s special needs.

Gary Kuhn and his wife Renee said the McNary Estates Homeowners’ Association demanded they remove the RV they purchased to drive their daughter, Khrizma, who has Down syndrome and autism, from place to place.  Kuhn said his daughter suffers from incontinence, had doctors advised them to have her near a bathroom at all times.

Renee Kuhn said she prepared a detailed proposal to the HOA, detailing her daughter’s condition and special needs.

“I went into great detail and disclosed medical information about my daughter that I’m not required to do under federal law.  It was an open book.  I didn’t hold back anything,” said Kuhn. “It didn’t matter with the HOA what anyone had to say.”

The Kuhn’s sold their home in Keizer, and purchased a new one in Woodburn three months ago.  They have also sued their former HOA.

“The aesthetics of having an RV parked in the neighborhood overrode any concern for our welfare, for us as human beings, for her condition,” said Gary Kuhn.

An attorney for McNary Estates HOA, Kevin Harker, said the HOA Board is “sympathetic toward the homeowner’s situation,” but said the Fair Housing Act “requires reasonable accommodations for disabled individuals which allow for the use and enjoyment of the 'dwelling.' The Board does not believe there is a connection between the parking of the RV and the disabled resident’s ability to use and enjoy the home.“

The Kuhn’s disagree, arguing the RV is a medical necessity, and denying their daughter the ability to use it would make her a prisoner in her own home, violating her civil rights.

The McNary Estates HOA was also sued by a homeowner alleging discrimination against a disabled child in 2011.  A judge ruled in favor of the plaintiff.

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