How the Americans with Disabilities Act affects residential community associations

• Published in: The Practical real estate lawyer Vol. 9; no. 3; p. 55
• Main Author: Ransom, Richard A
• Format: Magazine Article
• Language: English
• Published: Philadelphia American Law Institute 01.05.1993
• Subjects: Americans with Disabilities Act 1990-US; Community development; Compliance; Customers; Employees; Employers; Facilities planning; Fines & penalties; Handicapped accessibility; Impacts; People with disabilities; Projects; Punitive damages; Sex discrimination; Workers with disabilities; United States > US
• ISSN: 8756-0372

The protections afforded to persons with mental and physical disabilities by the Fair Housing Amendments Act of 1988 impose stringent requirements for the construction and operation of residential community association projects. Less well known is that the Americans with Disabilities Act of 1990 also significantly affects many residential community associations. Title III of the Act applies to entities that own, operate, or lease places of public accommodation. In determining whether to assess a civil penalty, the courts must consider any good faith effort by the violator to comply with the requirements of Title III. Therefore, all community associations should conduct: 1. an architectural audit of its facilities to identify barriers to accessibility by, and communication with, persons with disabilities, and 2. a legal audit of its rules and regulations to determine whether they discriminate against persons with disabilities.