The Americans with Disabilities Act (ADA), enacted in 1990, is a civil rights law that prohibits discrimination against individuals with disabilities in various areas. The landmark legislation addresses employment, public accommodations, transportation, and access to government services. While the ADA primarily applies to public spaces, it has significant implications for condominium, homeowner (HOA) and townhome community associations, particularly regarding accessibility to common areas and public-facing facilities.
Accessibility in Common Areas
Board members must ensure that their association’s common areas comply with ADA accessibility standards if those areas are open to the public or considered public accommodations. A few examples include:
- Physical modifications: Installing ramps, elevators, or automatic doors to make common areas like clubhouses, pools, or fitness centers accessible to individuals with mobility challenges.
- Accessible pathways: Ensuring that association sidewalks, parking lots, and entrances are free of obstructions and meet ADA design specifications (ex. proper width and slope).
Public-Facing Facilities
Facilities within a community association that serve the general public (ex. rental spaces, meeting rooms, recreational areas) must comply with the ADA. For example:
- Accessible restrooms: Ensuring public restrooms meet ADA requirements such as grab bars and appropriate stall sizes.
- Signage and communication: Installing ADA-compliant signage with Braille and providing communication aids, like ASL interpreters, for events or meetings open to the public.
- Entrances and doorways: Ensuring entrances to public-facing facilities have automatic doors or lever-style handles to accommodate individuals with mobility impairments or limited hand dexterity.
- Accessible seating: Providing wheelchair-accessible seating options in public meeting rooms or event spaces, with clear sightlines and accessible pathways for entry and exit.
- Parking accommodations: Designating accessible parking spaces close to the entrance of public facilities, with proper signage, markings, and sufficient space for wheelchair lifts.
Reasonable Modifications for Residents
Although the ADA focuses on public accommodations, its principles align with the Fair Housing Act’s requirements for reasonable modifications. A few examples include:
- Allowing residents to install mobility aids, like wheelchair ramps or stairlifts, at their own expense.
- Permitting modifications to access shared areas, such as widening doorways in a fitness center.
Board members should work closely with their association’s attorney to review and update governing documents, ensuring they are consistent with legal requirements and clearly outline the process for requesting and approving modifications. This collaboration helps establish fair, transparent policies that comply with both the ADA and FHA, reducing the risk of legal disputes while fostering a more inclusive community. Regular and legal consultations also allows the association to address evolving accessibility standards and ensure proactive compliance.
Legal Resource
Navigating Americans with Disabilities Act compliance can be complex, especially for community associations managing mixed-use or public-facing facilities. Failing to comply with ADA requirements can result in lawsuits, fines, and reputational harm to the association. Non-compliance may also create barriers for community residents and visitors with disabilities, leading to claims of discrimination and exclusion.
Boards and property managers should seek guidance from the association’s attorneys or ADA consultants to ensure their community aligns with federal and local accessibility standards. Taking proactive steps to address ADA compliance can enhance community satisfaction, demonstrate a commitment to inclusivity, and prevent legal challenges.
Do not hesitate to contact our law firm if your association has questions about the Americans with Disabilities Act, resident accommodations, drafting/updating association rules and regulations, or other legal concerns.
Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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