Homeowner’s associations (HOAs) often play a major role in determining community rules that are aimed at maintaining or increasing property values in the neighborhood. These rules can dictate many facets of life in the covered area, but there are limits to what’s allowable.
Federal laws, such as the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA), intersect with HOA regulations. Understanding how these laws must be handled when it comes to HOA bylaws, regulations and rules is critical.
Does the HOA have to abide by ADA regulations?
The ADA primarily applies to public spaces, which would include things like a meeting hall, pool or clubhouse, particularly if those are open to the public or for rental. If the HOA amenities are strictly for use by the members of the HOA, the regulations regarding accessible parking, entrances and restrooms may not apply.
Does the HOA have to abide by FHA regulations?
HOAs have to comply with the prohibition on discrimination based on protected categories, including race, religion, disability, gender and others. They must provide reasonable accommodations and modifications for residents who have qualifying reasons. For example, the HOA can’t forbid a service animal from being in the community, even if there is a no-pet policy. It also can’t forbid individuals from making modifications for accessibility to homes, even if those violate the HOA rules. These can include things like widening doorways or installing exterior ramps.
HOAs are permitted to have rules that support community standard, but those can’t violate applicable federal protections. It’s crucial that anyone who’s helping to create these rules and bylaws understands exactly what’s allowed. Having someone to assist with these matters and to address formal complaints and legal cases raised is beneficial.