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Exploring
the ADA's parameters
by Laura V. Kwiatkowski
July
23, 2000
Q:
I'm President of the Board for our homeowners association. We are unsure whether
the Americans with Disabilities Act (ADA) applies to our Association. We want
to comply with any laws that apply to us but we don't know how.
A:
The ADA is a federal law which applies to "public accommodations." It requires
removal of architectural barriers that hinder accessibility by persons with disabilities.
Most
community associations are not typically subject to the ADA unless certain facilities
within the association are open to the public.
For
example, a sales or rental office which receives public traffic or a meeting room
that is leased to the public for a fee would constitute public accommodations,
but not a meeting room used only by association members.
The
ADA could also apply to an association's swimming pools, tennis courts, clubhouse,
and other recreational facilities if they are available to the public, other than
the association's members, their families and guests.
Also
mixed-use associations that combine commercial units with residential units would
likely be subject to the ADA.
When
the ADA does apply to community associations, accessibility standards must be
met for new construction and substantial renovation of any public accommodations.
The
ADA might not have applied when your community association was first built but
it might apply now if you are significantly renovating certain facilities deemed
"public accommodations."
Substantial
or significant renovations might include renovating the clubhouse, adding recreational
facilities or modifying the parking areas. Under these circumstances, local governmental
agencies may require that the association install "path of travel" modifications
or add parking stalls for people with disabilities.
In
addition, the ADA mandates the implementation of "readily achievable modifications
of existing public accommodations." By definition, "readily achievable means
those modifications which can be accomplished without much expense."
Some
examples of readily achievable modifications might be installing ramps, curb cuts,
repositioning telephones, installing grab bars, widening doors and aisles and
installing Braille markings on elevator control buttons.
Here
are some recommendations to assist you with compliance:
-
Consult
with your Association's legal counsel to determine whether the ADA (and the federal
Fair Housing Act and/or other state laws that prohibit discrimination against
people with disabilities) apply to your association and to what degree.
If the
ADA applies:-Conduct regular architectural audits of your facilities (including
playgrounds) to identify barriers to accessibility or communication barriers for
people with disabilities (for example, the lack of Braille signs, ramps or grab
bars). Work with an experienced architect or design professional for proper guidance
on the ADA requirements and design standards that need to be implemented in your
community.
- Review the association's
operating budget and long-term reserves. Plan for expenses related to
current and future accommodations that will need to be made to your association's
facilities. Consult with your professional community manager for guidance on
any operating cost issues related to your association's compliance with the ADA.
- Consider your association's
long term facilities maintenance and renovation plans. Will any of
the proposed common area or facilities modifications require compliance with the
ADA? If so, what additional costs should be added to the proposed project budget
for any required accessibility modifications to the existing common area or facilities?
Consult with professionals for realistic cost estimates and feedback on this issue.
- Review and respond to
all requests for disability accommodations. If you have any doubts about your
obligations, consult with the Association's legal counsel.
Even
if the ADA does not apply to your association, the Federal Fair Housing Act and
California Civil Code Section 1360 applies to most community associations. The
Fair Housing Act prohibits discrimination on the basis of handicap. Assuming
the Fair Housing Act applies, a person with a disability is entitled to modify,
at his or her own expense, the interior of his or her unit and the common areas,
when such modifications are necessary to afford the person with a disability full
enjoyment of the premises.
The
association may require the person with a disability to request and obtain board
approval before making any modifications to the common area.
Modifications
cannot prevent reasonable passage by other residents. The association shall not
deny approval of the proposed modifications without good cause.
Laura
V. Kwiatkowski is a member of the Community Associations Institute
(CAI) and is San Diego attorney. Readers can visit the CAI website at www.cai-sd.org
and can get their condominium or homeowners association questions answered by
calling the Community Associations Institute at (619) 299-1376 or e-mail at q&a@cai-sd.org
or sending questions to: Condominiums, Homes, San Diego Union-Tribune, P.O. Box
120191, San Diego 92112-0191.
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