Are homeowners associations subject to ADA compliance? While many federal laws apply to associations, there is some confusion surrounding the Americans with Disabilities Act and whether HOAs are subject to it. Understanding this law will allow board members to avoid liability and homeowners to protect their rights.
Is ADA Compliance Required for HOAs?
Associations must adhere to federal, state, and local laws; however, there is considerable discourse surrounding HOA and ADA compliance. Before diving deeper, it is first essential to understand what this law is.
What is the Americans with Disabilities Act? 
The Americans with Disabilities Act (ADA) is a federal law that protects individuals with disabilities from discrimination in various areas, including employment, public accommodations, and transportation. Under this law, discrimination based on disability is prohibited.
Disabilities can come in many forms. Some are visually apparent, while others are not. Just because someone is not observably disabled does not mean the ADA does not protect them. Disabilities can encompass physical, intellectual, mobility-related, and other conditions.
Does the ADA Apply to HOAs and Condos?
The ADA covers all public and government facilities. According to this law, these facilities must comply with certain requirements to accommodate individuals with disabilities. Because the ADA only applies to public accommodations, it does not automatically apply to associations.
However, an HOA that operates a public accommodation must meet ADA compliance. Any facility that is open for general public use — and not just association members — counts as a public accommodation.
Guests of association members don’t fall under the general public umbrella. That means association members can still bring their guests to HOA facilities, and these facilities will not be considered as public accommodations.
ADA in HOA Requirements 
The ADA law can apply to associations if the association:
- Allows members of the general public to use the facilities/amenities, even if the association charges membership passes;
- Permits church groups, schools, and clubs to use the facilities/amenities regularly; and/or,
- Holds a rental office on association property that members of the general public routinely visit.
If an association wishes not to fall under ADA requirements, it must stop all the above operations immediately. Otherwise, the association must ensure ADA compliance, which would require careful inspections of the facilities.
When is HOA ADA Compliance Necessary?
Associations are generally considered private entities, so their facilities and amenities are not typically open to the general public. Because of this, ADA rules don’t apply to associations, nor do associations need to comply with ADA requirements.
As explained above, there are certain exceptions to the rule. In general, if an HOA operates a public accommodation, then it must comply with ADA guidelines.
Here are some specific examples:
- Swimming pools are open to the general public for a fee.
- The association holds public events in the common areas.
- Members of the general public are welcome to use the playground and trails within the community.
- The association’s office, situated on the property, frequently welcomes visitors from the general public.
- Church groups, schools, and other types of clubs are permitted to use the facilities regularly.
Navigating ADA and HOA Rules
If an association makes its common areas accessible to the general public, it must comply with ADA requirements. The first step is to inspect the facilities and identify any components that may interfere with accessibility. Entrances, walkways, restrooms, and parking areas are the most common culprits.
Entrances should have elevators or ramps to allow for wheelchair access. Walkways and sidewalks should also be wide enough for wheelchair users. Speaking of which, any obstructions in these pathways must be removed. Restrooms must have wide enough stalls as well as handrails and accessible sinks. Some facilities maintain a separate restroom for persons with disabilities.
Finally, parking lots should have designated spots close to the entrances for people with disabilities. They should also have proper signs. There are specific requirements for accessible parking under the ADA. These requirements cover the location, access aisles, and parking spaces for cars and vans.
ADA and homeowners association compliance does not stop at these changes. It is crucial to maintain them to ensure accessibility. Additionally, associations should establish rules that maintain the functionality, clearness, and accessibility of these spaces for those who need them.
Can an HOA Deny a Wheelchair Ramp?
If an association operates public accommodations, it must ensure accessibility in these areas. This includes installing ramps for wheelchair users. Even if the facility isn’t a public accommodation, going that extra mile will show residents that the HOA cares.
Of course, homeowners might also want to install a wheelchair ramp in their homes. Even if ADA compliance isn’t required, an HOA should still allow the installation of wheelchair ramps as a reasonable accommodation. The federal Fair Housing Act (FHA) and state-level fair housing laws cover this.
The Importance of Legal Counsel
Associations must stay in compliance, not just with the ADA (if applicable), but also with other federal and state laws. It is not always easy to keep up with existing and changing legislation, especially for inexperienced boards. Board members rarely possess the necessary legal background to interpret and comply with these laws.
Hiring an attorney is a sound solution. Associations should seek an attorney with experience in dealing with HOAs, condominiums, and similar housing developments. The attorney can assess the association’s risks and develop a plan to mitigate them. This includes any related risks to the ADA.
The Final Word
While most homeowners associations are considered private entities and are not automatically subject to ADA compliance, exceptions do exist. If an HOA opens its facilities to the general public or operates spaces, such as rental offices, that welcome outside visitors, it may trigger ADA obligations. Understanding when these rules apply can help protect both the association and its members.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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