The Ticktin Minute – February 12, 2018 – When the Americans with Disabilities Act Applies to Associations

When the Americans with Disabilities Act Applies to Associations

The Americans with Disabilities Act  (“ADA”) is a federal law that prohibits discrimination on the basis of an individual’s disability and requires that reasonable accommodations are provided to those with disabilities. While many people are familiar with the notion that the Americans with Disabilities Act applies to the Public, however, not as many realize that private entities, such as a Condominium Association (“Association”), may also be subject to its regulations. This is the case where the Association

Specifically, Condominium Associations are subject to the regulations in the ADA in the following circumstances:

  • The Association allows members of the general public to purchase memberships or passes to the HOA pool;
  • The Association allows churches, schools or private clubs to use the HOA facility on a regular basis;
  • The Association maintains a rental office on site that receives regular visits;
  • The Association allows the clubhouse to be used as a “polling place” during election time;
  • The Association provides a walking path across the property and allows outside persons to use it; and/or
  • The Association allows for short term rentals which appear to be similar to hotel/motel rentals (for example, Air BNB).

Further, the Fair Housing Act (“FHA”) may be applicable in some cases with regard to reasonable accommodations to individual dwelling units. For instance, an individual with a disability may have a service animal assist them in their daily routine regardless of the “Pet Policy” of the Association because such animals are not considered pets under the FHA and ADA. Also, Associates must allow unit owners to make reasonable accommodations for themselves and the common elements.

If you or someone you know has a potential employment law claim and/or questions regarding your rights, contact the attorneys of The Ticktin Law Group for a complimentary consultation.