ADA in My HOA? Why Not?

Here is a question from a reader. I got a longer dissertation in the email but this digests the real question:

“Who can I speak to about ADA requirements and or violations of the Fed FHA/ADA requirements. The building was rebuilt, from the ground up, in 1996 after the 1994 earth quake. The rebuilding used 1 million in Federal funds. The Archetect [sp] issued a letter of non responsibility for not incorperating any ADA design items into the drawings.. The board president personaly[sp] signed off and approved this exclusion. There are numerious unsafe items in the building. ”

This question just asks about the ADA so I will answer just about the ADA – Purely private HOAs are not subject to the ADA. As to the FHA requirements, that is different, but the question is not whether the architect issued a letter of nonresponsibility for FHA requirements.
ADA requirements do apply if the association invites the public in for activities. So associations have to watch out for that.
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2 Responses to ADA in My HOA? Why Not?
  1. Erik Rohe
    October 10, 2012 | 12:04 am


    Great Article! I’m a Trustee and Owner of a smaller condo complex in MA and during our last elevator inspection the State Inspector started explaining the capital improvements that would be required to comply with new ADA requirements. We are 100% private and I consulted with our attorney who was unsure about this issue. Thought it strange that a Private HOA would be affected by changed in Federal Law.

    • Beth Grimm
      December 11, 2012 | 9:17 pm

      It’s good to consult with knowledgeable HOA attorneys because the public and attorneys not experienced in these types of inquiries can steer a person in the wrong direction. I am glad you liked the article. ADA requirements to not pertain to purely private HOAs – however some Boards do not realize that renting out the clubhouse for commercial parties or allowing the swim team to host meets take it out of that category.