The Hawaii Civil Rights Commission reported Friday that the settlement was reached after the issue was set for an administrative hearing before the commission.

In the settlement agreement, the Association of Apartment Owners of Menehune Shores and its manager, Asset Property Management Inc., do not admit to any violations of fair housing laws. But they agree to assure that complainant Bob Bourbeau will be provided appropriate access to his apartment unit.

Bourbeau requires a wheelchair. He and his wife, Bessie, complained that the association and management group removed a wheelchair ramp to the facility without discussing the matter with them or warning them.

The condominium association claimed a portable ramp provided an alternative access to the Bourbeaus' second-floor unit. But the Bourbeaus said the metal ramp was unsafe and was provided only on request.

Under the settlement agreement, the association will install a permanent ramp on the second floor; pay $200,000; provide fair housing training for board members and agents; and maintain policies and procedures on dealing with reasonable requests for accommodation for disabled individuals.

The training for association board members and management personnel will emphasize that state and federal fair housing laws prohibit retaliation against anyone requesting accommodations for a disability.

The association's attorney, James Geiger, said the association is satisfied with the resolution of the complaint.

"It was not the intent of the association to cause any inconvenience to the Bourbeaus, but a lack of knowledge on the correct way to handle the situation caused the dispute," Geiger said. "It shows how important it is for volunteer boards to keep up with the changes in state and federal law."

After the Bourbeaus filed their complaint in June 2004, the Civil Rights Commission said, an investigation found a reasonable cause to believe discrimination had occurred.

When the two sides were unable to reach an agreement on their own, the matter was scheduled for an administrative hearing before the commission, with a private attorney, Eric Ferrer, joining the Bourbeaus' legal team as lead counsel.

Commission Executive Director William Hoshijo said the Bourbeaus' case provides an example of the need for condominium associations and management agencies to fully understand the requirements for reasonable accommodations under fair housing laws.

"In these cases, condo boards, managers and agents should respond to requests for accommodations in a timely manner," he said. "Common sense and good faith go a long way. I'd strongly encourage parties to talk things over and try to agree on a reasonable accommodation – that's what the legal requirement of an 'interactive process' is all about."

Under the law, he said, condominium associations are considered providers of housing and are responsible for accommodations for individuals with disabilities to have equal use and enjoyment of their housing units.

Ferrer said the Bourbeaus are satisfied with the settlement reached more than three years after the situation occurred.

"The settlement vindicates their rights and makes it possible for them to live in their home with access to the elevator," he said.