Hand Rails For Handicap

BudB,

Where is the handrail needed?

What kind of set up do you have? Is it high rises or individual homes? Are you their landlord? Most ADA don't apply to HOA's as HOA's don't really own the homes. They just own the property around and control the appearances of the property. It is usually up to the individual to apply their own special equipment with permission.

Still unclear here. Do you own the unit or does that person own the unit? Are they are renter or an owner? I would say it is their responsibility to install the handrail with the HOA's approval if they are the owner. Otherwise how do you feel using every member's money to pay for this? If the HOA' installs it, that is what you are doing. So the decision is yours.

BudB,

Your use of the term “unit” suggests that the building may be in a Condominium Association.

If the Association is a Condominium, then it is important to know whether or not the steps to the Unit are considered “Limited Common Area”.

Would you be willing to post a few more details?

I should add, the document also applies to HOAs and Condos; not just to rented dwellings. You will also find that statement in the document.

The HOA money is ALL the members money. So this would require a vote of the membership or board to want to undertake this responsibility and/or expense. I would not. It is the owner's responsibility and they just should apply for HOA approval. After they sell the property they will be responsible for removing it as well. It doesn't make sense for the HOA to pay for this unless it was a condo situation where there where everyone who lived there had to use that entrance.

If it is the entrance to just their unit, then I think they are responsible but must submit ARC request and be approved. Although, our association does repair the handrails to the stairs of individual units because we see it as a liability issue and we want them to all look uniform.

That being said, my unit has a very high deck with no railing. It is not particularly safe, but it is up to code. I have been informed that I may put a railing on my deck that matches the others with board approval at a cost to me. That isn't ADA compliance, but I would think much like my situation it's your responsibility to make your own home that you own ADA compliant. They wouldn't expect the HOA to put in a wheelchair ramp or a chair lift on interior steps, so this is no different. And actually, in our community my former landlord was blind and fell off her porch and they made her pay to have her own hand rail installed.

Re: my deck.

The back of my deck is right around 30 inches. It is also built on a steep grade, so if you fell off of it, you'd probably fall five feet before you hit ground. However, because it's built into a grade, the side of it is maybe 9 inches off the ground. I had both the city codes office and a representative from my home's builder out here and they both confirmed that they measure the height from the lowest point, not the highest point. The code officer even told me that I did not have to install my own railing if I didn't want to, but I think it's incredibly unsafe, so I am putting in railings this summer.

I was just actually talking to our board president about this yesterday. There are actually several homes where the builder did install railings (none have a drop-off as steep as mine) so I have taken pictures of what they have and will just go to Lowe's and ask them to order the same thing for me.

Definitely, John. I am actually about to go through our community and check exterior improvements to ARC request forms and ask anyone who didn't submit one to get it on file. I don't plan to make anyone change anything; I am more worried that at some point down the road a board less reasonable than we are will come along and crack down on folks who don't have the paperwork on file and make them change it.