Condos & Americans with Disabilities Act

Started by AnnaD1 • 6 replies • 6951 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

AnnaD1 (Florida)
Posts: 7

Posted:

Can someone explain to me how the Americans with Disabilities Act applies to condos? We have a new owner with a son who is in a wheel chair. He purchased a unit on the first floor. (No stairs.) We are 100% private residence and our pool is private property; not open to the public. Some board members say we must comply with any request the owner makes from installing an elevator to visit people on our second floor, to making a lift decise to lower him into the pool. I was under the impression that the Americans with Disabilities Act does not apply to condos. Of course, we'd do nothing to prevent him from installing things at his own cost. Thank you for any comments.

hoatalk (California)
Posts: 603

Posted:

Use the search box on the upper right of our forum page and search for: disabilities

You will find lots of answers here.

HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page)

JM2 (Oregon)
Posts: 439

Posted:

Hi Anna:

There was an article recently regarding a lawsuit where the disabled person sued their association, and the association won. The reason that the association won, is that they gave temporary permission to the disabled person, while the checked out the request, both from the need side as well as from the "reasonable accomodation" side.

An example of a temporary permission would be if the homeowner requested to put in a steel ramp made out of diamond-plate material, and the Board gave temporary permission to use it, but then came back with approval for a wooden ramp instead, due to aesthetic issues with Architectural Control. Either ramp would be a reasonable accomodation, but the approval goes to the one that works best from an architectural standpoint, thus preserving the rights of the rest of the homeowners - in essence, balancing the rights of one and the rights of the rest.

The best advice I could give you is to have the Board check with their lawyer regarding any request that is made - and check ahead of time for the general rules, and how they should respond to any request. It may be that they will not need to spend much, if any Association funds, instead allowing the disabled person to build ramps, etc. as needed. In our HOA that would probably be allowed on a basis where the ramp or accomodation would be allowed until the disabled person no longer needed it, had moved out, or the house or Unit was sold.

If it was an accomodation, for instance, in a clubhouse, then the HOA might have to perform work on its own building, if it was not already ADA compliant.

J. Patrick Moore, CMCA

JC3
Posts: 290

Posted:

The ADA is for employment, government services, and transportation, plus a bit more, rather than housing, but I think they might have some info for you..
Contact your local Disabilities Rights legal group, the local DIRECT CENTER FOR INDEPENDENT LIVING, and/or the ADA 800 hotline for guidance.

Be sure to tell them you are a _private_ condominium association. (You are NOT a private residence)
from:
http://commdocs.house.gov/committees/judiciary/hju29870.000/hju29870_0.HTM
(almost at the bottom

"First, let us emphasize that the Americans with Disabilities Act is a landmark piece of legislation that guarantees equal opportunity for individuals with disabilities in the areas of employment, state and local government services, public transportation, privately operated transportation available to the public, places of public accommodation and telephone services offered to the general public.

This question may fall under the HUD and/or the FAIR HOUSING ACT.
google "Fair housing act and condominium associations"

http://www.njlawblog.com/2006/10/articles/community-associations/how-the-fair-housing-act-affects-community-associations/

The Fair Housing Act, 42 U.S.C. § 3601 et seq., prohibits discrimination in housing and makes it illegal to refuse to provide housing or housing-related services based on numerous classes, including race or color, national origin, religion, sex, handicap, and familial status. As amended, the Act is applicable to condominium associations and townhouses, as well as garden apartments, multi-family dwellings and dormitories. The penalties for violations of the Act can be severe; up to $1,000.00 or a period of incarceration for one (1) year, or, if bodily injury results from the violation, the penalty could increase to up to $10,000.00 and incarceration for up to ten (10) years.

There may be a "fair housing" law office that you could contact you.

Also be aware that your state may have laws that would protect the disabled person to a greater degree than federal law. Whichever gives the greater protection is the one that is enforced, so be sure to check for that too, maybe in both Disability law and Fair Housing law.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You have to use some common sense here with the disabilities act. It seems many decisions are being done by heresay, assumptions, and fears. A disabled person who buys a home or condo KNOWS what they are buying. They know that not every house is handicap conducive. They buy homes/condo's that fit or can be made to fit their needs. You can't build a home that can accommodate a blind person and then expect to sell it to someone who's in a wheel chair.
What the handicap person CAN expect that the common areas are wheel chair accessible. That may mean the HOA may have to cut a curb for a ramp and put up a handicap parking space. If you have common areas such as laundry rooms, clubhouses, or the pool area, they should have ramps to access these areas. The doors may need modified so that someone from a chair can open them easier.
Let's NOT go overboard and insist on "Elevators" and "pool" cranes. That is above the call of duty and responsibility. If a handicap person needs access to the second floor, then they have to make arrangements. I am sure they visit other places in the world that friends/offices are on the second floor without elevators.
Just make sure the common property is accessible and things should be okay. Don't forget maybe putting up brail signs for bathrooms or other identifying areas. If your all that concern, ask the person what they feel they need. Understand that the money to pay for any items comes from everyon's pocket.

Former HOA President

BradP (Kansas)
Posts: 2,640

Posted:

I wouldn't bury your head in the sand and think ADA only applies to work, government, etc. ADA applies to any semi-public place and it can be argued that a clubhouse is a semi-public place. The word reasonable accomodations is the key. Is it reasonable to make the clubhouse ADA accessible, yes, in fact when it was built it should have been and if it was built before ADA laws it should be updated. Is it reasonable to have an elevator so someone can go visit their friends on the second floor. IMO, no, their friends can come down to the first floor to visit. Someone posted about common sense, that would be wise to use and also would be wise to consult with your associations attorney.

AnnaD2 (Florida)
Posts: 960

Posted:

Thank you to all who responded! Just as an added bit of information: As I said, there are no steps leading to his unit; he has front door parking; there is a three-foot wide ramp leading to the dumpster; there are sidewalks and no steps leading to the laundry room, storage areas, and bicycle storing room; there is a four-foot wide gate leading to the pool; we have no clubhouse and no other common areas. Again, thanks!

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here