The ADA – the American with Disabilities Act – is an afterth

New Board Members  could the entire Lakeshore Community and evaluate handicap parking and equal access.

Minimal or no changes have been done for many, many, may years.

Is it the right way to do things?

Is this good for our Lakeshore Community?

Is it fair for those with disabilities?

So you may be wondering how the ADA – Americans with Disabilities Act – applies to your HO or condo association . Regardless of the year your building (or buildings) were built, it is important to take a good look at your property and policies to be certain you are in compliance where you need to be. 

The main rule of thumb is that all new construction – and modifications – to public accommodations must be in compliance with the ADA’s rules on accessible design. 

Lakeshore is granted may "grandfather exceptions" so we don't have to comply.

But is the the right attitude? Is that best for the community? And for possibly you?

We typically think of all residential spaces controlled by our HOAs as being private. After all, our homes are private, and HOA common areas are extensions of our homes. While that is true, there are some ways in which the usage of a space puts it into public territory as far as ADA compliance is concerned. 

Specifically, if your association is part of a timeshare, it is subject to ADA guidelines. Addtionally, if you allow any group outside of your owners/residents to hold meetings on your premises, those areas would also need to be ADA accessible. That means ensuring that you have designated parking spaces and accessible restrooms. A rental office or other office on the property that is open to the public would likewise make it subject to ADA rules and regulations. 

Other spaces you need to evaluate are all recreational areas. HOAs are often given a hard time about strict “residents only” policies in regards to pools, gyms, sport courts, etc. One of the reasons for this is simple liability concerns. Another is that by allowing public use – whether actively or passively – your HOA would need to maintain all ADA-required accessibility upgrades.

Allowing non-residents to purchase passes to use any of your recreational spaces is an active way of making them public. If you have sport courts or biking trails that are easy for the public to access, this can be a passive way of them becoming public spaces. To prevent private recreation areas from becomign public, it’s important to have clear and obvious signage identifying them as private and for resident use only. 

ADA compliance is an issue that can easily be overlooked by HOAs. Unfortunately, doing so can be costly if your association were to be fined for non-compliance. Take a look at your property to be sure you know your public/private status.

These investments  in improvements will increase our property values.

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