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AddisonG (Texas)
Posts: 2
Posted:
Our association is under the laws of the State of Texas. We have members that are hearing disabled and
are demanding that we provide facilities for the hearing impaired at our general meetings. Can we not just provide them with a transcript of the proceedings? What do we tell them when they say that thy may want to object to proceedings and the transcript would be "after-the-fact" situ. Example, during the meeting a disabld member wants to riase to a question and calls "point of order Madam Chair" this would not be possible by using a transcript. Are the individual states required to provide for the hearing impaired per the national ADA act?
JM10 (California)
Posts: 503
Posted:
Here's some answers:

http://www.nad.org/issues/civil-rights/fair-housing-act/housing-discrimination

According to the website, you must provide interpreters for the meetings.

I don't know about your state or how fast people type, but if the hearing impaired attend meetings you could do it like a chat room and have everyone type.

I was doing some business with hearing impaired people and we used email. I've also used FB chat. That would be less expensive and something that is already available.
In California, a new law passed for that allows electronic attendance to meetings, but there are special rules so you might be able to work something out in your area.

Keep in mind that when we get old, we all go deaf and blind so anything you do is looking toward the future. ;) My mother swears she not deaf (and I mumble), but I can hear the TV through the whole house.
JonD1
Posts: 2,350
Posted:
http://www.carpenterhazlewood.com/resources/enews/2003/does-the-americans-with-disabilities-act-ada-apply-hoas
LarryB13 (Arizona)
Posts: 4,099
Posted:
Interesting question.

All the reading I have done to date indicates that the ADA does not apply to HOA's because the HOA is not a place of public accomodation. The federal Fair Housing Act applies insofar as requiring the association to allow a handicapped person to install reasonable accomodations in common areas at the expense of the handicapped person.

The question raised here, though, involves not the physical facilities but rather how the association conducts its meetings.

Are the complaining parties truly deaf or just hard of hearing? If they are just hard of hearing, could the problem be solved with some sort of microphone and amplifier system? If they are deaf, the association should allow them to bring in a sign language interpreter at the deaf person's expense.

You might also want to take a close look at the layout of your meeting room. I am borderline hearing impaired myself and know that there are certain places where I cannot hear a thing and other places where I have no problem. Have the complaining parties made any suggestions as to how they can be accomodated?
TimB4 (Tennessee)
Posts: 21,047
Posted:
As I understand it, HOAs don't have to comply with the ADA (unless their facilities are open to the public). However, there are typically State laws that were enacted that expand parts of the ADA. Therefore, there are likely many areas of the ADA that the HOA will be complying with in order to comply with their State laws. When in doubt, check with your Associations attorney.

My understanding is that only governmental entities must provide an interpreter.

You might try the following resource:

Texas Office for Deaf and Hard of Hearing Services (DHHS)

Depending on the cost, the Association might consider splitting the cost. However, I don't think that you would be required to do so. It would just be a nice gesture.

Tim
FredS7 (Arizona)
Posts: 927
Posted:
> The federal Fair Housing Act applies insofar as requiring the association to allow a handicapped person to install reasonable accomodations in common areas at the expense of the handicapped person.

Extending the concept, the HOA would be required to allow the deaf person to bring an interpreter to the meeting at his own expense.

In any case- the HOA would be well advised to proceed carefully. Ask for specific language/ precedent from the requester; review with your own counsel if necessary; and bring before the board for a vote if expenses are anticipated.

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