Does My HOA Have to Comply with the ADA?

If you’re part of a homeowner’s association (HOA), you might be asking, “Does my HOA have to comply with the ADA?” It’s a smart question — and the answer isn’t always straightforward.

The Americans with Disabilities Act (ADA) is mainly about public access. Still, being involved in a HOA means you still need to know when these rules apply. This is especially true if your community shares amenities like clubhouses, pools, or walking paths.

So, in this guide, we’ll break down when the ADA applies and when the Fair Housing Act steps in instead. Also, we’ll get into what you, as part of an HOA community, need to know to stay compliant. Read along to get a clear picture of your responsibilities — and how to handle accessibility the right way.

Main Takeaways

Does my HOA have to comply with the ADA?

• Consequences of Non-Compliance: HOAs can face serious legal repercussions if they deny reasonable ADA or FHA accommodations or modifications. They also can experience issues if they don’t comply with the laws’ accessibility standards. More specifically, they may be investigated, fined, or sued.
• ADA vs. FHA: The Americans with Disabilities Act (ADA) primarily governs public access. It applies to HOAs only if they open amenities (like clubhouses or pools) to the general public. The Fair Housing Act (FHA), however, is the main law for private residential housing, including HOAs.
• HOA Responsibilities: Under the FHA, HOAs must provide “reasonable accommodations” (policy changes) and allow “reasonable modifications” (physical changes, often at the resident’s expense) for residents with disabilities to fully use their homes and common areas.

What Is the ADA and How Is it Applicable to HOAs?

The ADA, short for the Americans with Disabilities Act, is a federal law designed to protect people with disabilities from being treated unfairly in everyday life. As part of Baltimore property management, we’ve seen how important it is for HOA communities to understand these laws. It’s critical not just for staying compliant, but to create spaces that are fair and accessible for everyone.

While the ADA mostly applies to public places, some parts can affect private spaces too, including housing, depending on how the property is used.  For example, if an HOA allows the public to rent or access shared facilities like a clubhouse or event space, those areas may be considered public under the ADA and must meet accessibility standards.

In this case, think of ADA as the rulebook that dictates buildings and services should be accessible to everyone, including people with disabilities, such as those who use wheelchairs or have vision impairments.

That said, while the ADA certainly can play a role in HOA operations, the Fair Housing Act generally rules over accessibility and private spaces, so that’s more relevant in this conversation.

What Is the Fair Housing Act?

The Fair Housing Act (FHA) is a federal law that protects protected classes from being treated differently when it comes to housing. It was passed in 1968 and makes it illegal to discriminate against someone based on factors like race, color, religion, sex, national origin, and yes, disability too.

So, what does that mean in real life? It means landlords, property managers, and HOAs can’t deny someone housing or treat them differently because they have a disability. It also means they may need to make reasonable accommodations and modifications, like allowing a wheelchair ramp or service animal, so the person can fully use and enjoy their home. Furthermore, they must meet the FHA’s design and construction requirements for accessibility. 

Unlike the ADA, which mostly deals with public spaces, the FHA is all about private residential housing, so it’s often the more relevant law when we’re talking about homes, apartments, or HOAs.

When Does an HOA Have to Comply with the ADA (Or FHA?) 

Most of the time, HOAs don’t have to follow the ADA — unless the spaces they manage are open to the public. The ADA is mainly about public access, so if an HOA owns or operates areas that anyone can use (not just residents), then, yes, the ADA may apply.

For example, let’s say your HOA rents out the community clubhouse for public events or opens up a pool to non-residents for a fee — that space is now considered a public accommodation. In that case, the HOA would need to make sure it’s accessible to people with disabilities, just like a business would.

But if the clubhouse, pool, or gym is only for private residents, the ADA usually doesn’t apply. Instead, in those cases, it’s the Fair Housing Act that steps in, especially if a resident needs accommodations to fully use the space.

Can an HOA Deny a Reasonable Accommodation or Modification Request?

Yes — but only in very specific situations. An HOA can’t say no just because something is inconvenient or doesn’t line up with their usual rules. They can only deny the reasonable accommodation or modification request if it constitutes an undue hardship for them. That means:

• It creates a big financial or administrative burden for the HOA.
• if fundamentally alters the nature of the HOA’s rules or operations.

Otherwise, if a resident with a disability asks for a reasonable accommodation or modification, the HOA legally must accept that request. For example, let’s say someone asks the HOA to add a ramp, to let them keep a service animal, or get a reserved parking spot. If doing so doesn’t pose an undue hardship on the HOA, they must implement the request. That’s the law.

If the request checks all the boxes and the HOA still says no, that could be discrimination. That opens the door to them facing legal action.

What Happens If Your HOA Violates the ADA or FHA

If an HOA violates the ADA or FHA, it could face serious legal trouble. A resident or visitor who feels their rights were denied can file a complaint, and then, the HOA may have to deal with investigations, fines, or even lawsuits. 

Here’s what might happen:

• The issue could be reported to the U.S. Department of Justice (DOJ).
• The HOA may be required to make changes, like installing ramps or improving access.
• In some cases, they could be ordered to pay damages or legal fees.
  

Needless to say, HOAs want to avoid this at all costs, so they should stay compliant at all times.

What to Do If You Have a Complaint

If a resident or visitor raises a concern under the ADA or Fair Housing Act, take it seriously. Listen, respond promptly, and document everything. These aren’t just casual complaints — housing discrimination is a serious offense with legal consequences. Don’t simply guess how you should best respond. Talk to a legal professional to get their expertise. Being proactive, responsive, and informed not only protects your HOA — it also helps build a fair and welcoming community.

Still Concerned About ADA or FHA Compliance? Let BMG Help! 

By now, it’s clear — understanding when the ADA or Fair Housing Act applies helps you avoid costly mistakes and keeps your community inclusive. The best part? You don’t have to figure it out alone.

At Bay Property Management Group, we help landlords and HOA communities stay compliant with not just the ADA and FHA, but all relevant laws, both federal and local. Don’t leave it to chance — let our team guide you through the legal details and handle accommodation requests the right way. Contact us today!