Common Interest Developments and the ADA

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.

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 paying dues, and expect to receive what other members receive in this respect. It would be interesting to see how a court would interpret it in terms of Fair Housing. Remember, we aren't talking about the accessibility of the individual homes or units, but of the common use areas, (and many of these are open to guests and now, even Air BnB paying guests who have no other relationship to the owners.) Some of our homes are virtual "dorms" for UC Irvine, as well. 

There is one other small issue. Many Associations (ours is one), actually receive non-profit status as providing a community service beyond just what they give members in terms of ownership and use of common facilities. They technically have to show a common community benefit to get the tax write-offs. I would think that providing disabled access might assist them in this.

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