does anybody agree with the author of this article that the ADA applies to an owner within a common interest development? http://www.latimes.com/business/realestate/la-fi-associations-20151220-story.html
HOAs, when they build or remodel, do have to comply with the disability laws in the building code in California. Although I don't know the answer for sure about how people with disabilities are treated otherwise, as a Board member and an owner in an HOA, I can tell you that members do feel strongly that their rights to hear what is going on in meetings, to read and understand the legal materials that are published, and to communicate with the board and management must be respected. They are...
I don't think the author meant that the ADA applied to the owners per se. What I think his meaning is that the HOA could be found to be discriminatory in this case. Since the HOA would not be insured the judgement would have to be paid as an assessment against the owners. Therefore, the owners would be responsible financially and in an indirect way the ADA would be applied to the owners. Mele kalikimaka.
bradley: that is indeed an extremely roundabout way of interpreting that the ADA would apply to the HOA. i'm not sure i buy that logic since what standing would an owner in the CID have under the law since owners are not members of the public and therefore would not trigger any Title III obligation? btw, i have written the author of the article for an explanation and will be glad to share any reply i receive.
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