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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

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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