Handicap Access for Clubhouse and Possible Legal

Some of the disband crowd here are trying to stir trouble by saying our Clubhouse is not in compliance with handicap access laws. Two story Clubhouse with only stairs and no elevator.

Anyone familiar with such laws?

Agree with Glenn. A HOA doesn't have to form to handicap rules. It's not a public place or paid for by public funds. It is just a "convenience" but not a requirement.

Well here is the issue. We had planned to lease it to a non-member.

To make a long story short. A local church approached the Board this summer with an interest to lease the Clubhouse. So we sought approval from the membership to lease it. The was added to the annual meeting agenda in November.

Basically the clubhouse is rarely used by the members. However we still have a legal obligation to maintain the building and to offset the costs we thought it would be best to at least generate lease income from it. The membership agreed at the annual meeting as the motion to lease it passed. But of course you still have some that want to stir trouble (mostly from the disband crowd they want the association to go bankrupt).

So my concern is would having a church leasing the Clubhouse be deemed as something that would now require us to add in handicap access or would it still be exempt?

Their gusts? Freudian slip. Members' gusts are probably windbags.

Gnome,

Here are some articles about it:

Brief on Americans with Disabilities Act and Fair Housing Compliance for Common Areas by a legal firm.

Does my HOA need to comply with the ADA?

From what I'm reading, if you lease the clubhouse to the church the clubhouse will need to be brought up to code for ADA compliance. Perhaps you can cut the amount of the lease if the church pays to make the club house compliant (a win-win).

Gnome,

If your clubhouse was built in the 1980's, don't worry about it. People can argue all they want about whether or not ADA applies because you are an HOA, the fact remains that it is considered an existing structure. Existing structures only have to be brought into compliance if it is reasonable to do so. The following quotations are taken from ADA standards and guidelines:

"Businesses must remove physical barriers in existing facilities to improve accessibility where it is "readily achievable" to do so. Barrier removal is considered "readily achievable" when it can be easily accomplished, without much difficulty or expense."

"What is readily achievable is determined on a case-by-case basis, relative to a particular business's resources and existing barriers. Something readily achievable for one business may not be readily achievable for the one next door, because of more limited resources or more difficult physical constraints."

"Elevators are not required in facilities that are less than three stories or that have less than 3000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider, or another type of facility as determined by the Attorney General."

Forget about it. You don't have to do anything unless someone files a complaint. In the worst case, if someone complains, you might be required to build a ramp on the outside leading to the second floor (I've seen some facilities that have done exactly this). Most likely, you won't have to do anything.

As I said, we have a restaurant here that is in an existing building that was renovated in 2004 (meaning they had to have it inspected by a building inspector) and the second floor is only accessible by stairs. They didn't have to have their second floor handicapped accessible so, most likely neither will you.

Gnome

When renting a clubhouse comes up, there are always issues with ADA, rental income, liability, and so on. The questions are asked on here all the time.

Not sure this is your-anti HOA crowd versus just simply some clear thinker asking.

When presented as an "ethical" issue, it must be tempered with rational real world solutions in regards to the finances of an association such as ours. Bottom line is we cannot even afford road repaving at this time.

What is being denied? Nothing. We no longer have any Clubhouse amenities.

Currently the entire Clubhouse is empty except for some tables and chairs (except the office). Monthly Board meetings are held on the 1st floor. Annual meetings are no longer even held in the clubhouse. For the last 2 years they have been held at the County Resource Center next door.

Furthermore the Clubhouse is rarely even used by the members. Last year I recall 2 birthday parties, 1 baby shower, 1 wedding. All were held on the second floor but as I mentioned, all that is up there are table and chairs. These private events could have just as easily been held downstairs had these members chosen but they chose the 2nd floor because it does have more open space.

The 2nd floor is not even an issue for the membership. It is now only being presented as an issue due to the upcoming church lease. And it isn't even a problem for the church as they have already agreed to do all building maintenance and would probably take care of this for their own congregation that are handicapped.

This is all coming from the disband crowd. They want to sink the association. And they know blocking the church lease would decrease revenue to the association to further that end.