Making sure your homeowners association (HOA) is compliant with all federal, state, and local laws is crucial. Some laws, like the federal Americans with Disabilities Act (ADA), apply to all public accommodations. While not every HOA is open to the public, many are, so it’s important that your community association knows its responsibilities regarding ADA compliance. Today, we’re reviewing the basics of ADA laws, how they apply to HOAs, and how to stay compliant.
Contents of This Article:
- What Is the Americans With Disabilities Act?
- How Does the ADA Apply to HOAs?
- ADA Requirements for Public Accommodations
- Understanding ADA and FHA Compliance
- Avoiding Legal Risks and Penalties for Non-Compliance
What Is the Americans With Disabilities Act?
Philadelphia HOA managers know how important it is to be well-versed in federal, state, and local laws. The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities. Enacted in 1990, it aims to ensure that people with disabilities have the same rights and opportunities as everyone else regarding public life, employment, and access to services.
That said, some disabilities are visible, and some are not, and it’s important to acknowledge that to prevent discrimination. In general, a person with a disability is someone who has a physical or mental impairment that limits one or more major life activities, has a history of an impairment, or is perceived by others as having an impairment. Some examples of disabilities include the following.
- Physical disabilities like cerebral palsy, spinal cord injuries, or muscular dystrophy
- Intellectual disabilities like Down syndrome, autism, or Fragile X syndrome
- Mobility disabilities like those requiring the use of a wheelchair or cane
- Deafness or hearing loss
- Blindness
- Cancer
- Epilepsy
The ADA also covers numerous disabilities not listed here.
How Does the ADA Apply to HOAs
The ADA sets requirements for employers, businesses, commercial facilities, transportation providers, and telecommunication companies to prevent discrimination against people with disabilities. So, how does this apply to homeowners associations (HOAs)?
Generally, the facilities in an HOA are not open to the public, as many HOAs are considered private entities. As such, ADA rules don’t apply to them, and they’re not subject to ADA guidelines or requirements. However, there are times when the ADA applies to a community association–particularly when the facilities are open to the public.
Here are a few examples of when the HOA may be required to accommodate individuals who fall under the ADA guidelines and requirements.
- The HOA maintains an office on the property that’s regularly visited by the public
- Trails, playgrounds, or clubhouses are open to the public
- Allowing members of the public to purchase memberships or passes to use an HOA facility
- Allowing churches or schools to use HOA facilities on a regular basis
- Public events are held in the association’s common areas
ADA Requirements for Public Accommodations
If your HOA allows public access to common areas, it’s important to know how to comply with ADA guidelines. If this is the case, your HOA must assess and modify any barriers to accessibility in public spaces. Some common ADA compliance requirements for HOAs include the following.
- Entrances- Public areas must have ramps or elevators where necessary, allowing access for individuals in wheelchairs.
- Parking- Accessible parking spaces should have proper signage and be located near entrances to common areas.
- Restrooms- Public restrooms must have wide stalls, handrails, and accessible sinks and counters.
- Walkways- Sidewalks and pathways leading to common areas should be wide enough and free of obstructions for wheelchair users.
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Once these modifications are made, it’s crucial that the HOA regularly maintains accessibility in these areas. For instance, the HOA should check for blocked pathways, ensure functional elevators, and make sure accessible parking spaces are free for those who need them.
Individual Residences Within an HOA
Even if the ADA doesn’t directly apply to an HOA, they’re still required to allow reasonable accommodations for individuals with disabilities. For instance, someone who uses a wheelchair to get around must be allowed to adapt their home to meet their personal needs. Whether it’s installing a ramp or a chairlift in their home, the HOA must be willing to make these accommodations.
Another example would be allowing a service dog even if the HOA is pet-free.
Understanding ADA and FHA Compliance
Because ADA compliance can be quite complex, HOAs should consider working with professionals to ensure their common areas are ADA-compliant. Additionally, HOAs must also understand how the Fair Housing Act (FHA) correlates with ADA requirements, as both laws aim to protect individuals with disabilities in different but apply in different ways.
The FHA protects residents from discriminatory practices based on race, color, national origin, religion, sex, disability, or familial status.
While the ADA applies to HOA public areas, the FHA ensures that individuals with disabilities have equal access to housing. That said, under the FHA, HOAs must make reasonable accommodations and allow modifications for residents with disabilities.
Avoiding Legal Risks and Penalties for Non-Compliance
Knowing the law is the first step in avoiding legal risks or penalties for non-compliance. If you’re unsure of whether or not the ADA applies to your HOA, look at how things are structured. Does the public have access to any of your HOA features or amenities? If so, then you must comply with the ADA. Otherwise, you risk being fined, sued, or required to make immediate modifications to comply with ADA standards.
If you need help managing and maintaining common areas within your HOA, you may want to find an HOA management team to help. Full-service companies like Bay Property Management Group can help with any aspect of HOA management. Whether you need to prepare the annual budget, perform inspections, or stay on top of maintenance, BMG has you covered. Contact us today to learn more about all the ways we can benefit your community association.
