As a board member of a homeowners’ association (HOA), it’s important to have a clear understanding of how the Americans with Disabilities Act (ADA) affects your community.
You might be asking “Are our shared facilities compliant with ADA standards?” While an HOA’s focus is primarily on private residential areas, the ADA might apply to common spaces that are accessible to the public.
But how do you know if a certain space should comply with the ADA?
When does the Americans with Disabilities Act apply?
The Americans with Disabilities Act applies to various areas to ensure accessibility and prevent discrimination based on disability. Spaces that should follow the ADA rules include:
- Public accommodations, such as restaurants, hotels and recreational facilities
- Commercial facilities, such as buildings and warehouses
- Government buildings and services, including courthouses, schools and public transportation systems.
The law requires these spaces to be physically accessible to people with disabilities. Compliance could mean installing wheelchair ramps, building accessible bathrooms and widening doorways.
When should HOAs comply with the ADA?
The ADA does not specifically list HOAs, but the law does apply to public accommodations in communities with HOAs. Public accommodation is any space that is open to the general public.
A place can be considered public accommodation if the HOA:
- Allows the public to purchase memberships or passes to a specific facility, such as a pool or a clubhouse
- Leases or rents out spaces to businesses or for public use
- Permits churches, schools, clubs and other organizations to use facilities regularly
- Has a rental office that members of the general public can visit
If your HOA partakes in any of these activities, you must ensure that your public facilities follow ADA requirements. Failure to do so could lead to fines and even legal action.
How can you ensure compliance with ADA rules?
If your HOA is unsure if their public accommodations meet ADA requirements, it may be best to close them temporarily until you can make the necessary modifications. Meeting accessibility requirements may include:
- Building wheelchair ramps
- Installing grab bars, lower sinks and accessible stalls in restrooms
- Designating parking spaces for people with disabilities
- Providing clear, easy-to-read signs with braille
Making your community ADA-compliant is more than just avoiding legal trouble. It’s also about creating a more inclusive environment where everyone feels welcome. If you want to make sure your HOA is adhering to all its legal obligations, consider talking to an HOA attorney who can assist you.