AlexL1 (Florida)
Posts: 305
Posts: 305
Posted:
How closely does a condo complex have to comply with the many regulations of the ADA(American Disability Act)?
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ADA compliance
Started by AlexL1 • 6 replies • 3549 views
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RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Alex1,
My wife is disabled but can still climb our steps up to second floor unit. We have a common elevator to ground floor to deck that our 65 units sits on. We are on second floor and also have two floors, but master bedroom is on our first floor. She feels she should be allowed to have an elevator installed to our entrance from the deck floor. I don't. We would have to appropriate common space, and that is not allowed, also our buildings were built under guidelines in effect in 1981.
I am sure you realize there is no way for anyone to sit at arms lenght and answer your question. You obiously have some personal needs you are concerned about and the place to start is with your State Association of the Handicaped and your personal needs. Broadly, the condos and HOA's fall under this act dependent upon what is just for all. You cannot be unjust to some because you are handicaped and in turn they can not be unjust to you. In our complex we have voluntarly made numerous improvements to assist anyone that needs special consideration, such as handicap ramps, extra railing and light on steps, and of course Handicap spaces closed to elevator. We donated a wheelchair to our condo for anyone to use if they so desire. These changes were made because of concern for the handicaped, renters, visitors and owners.
Make it a common problem and seek common solutions to ccnflicts. The state and county has copius literature about specific laws and procedures, and be sure you give valid appreciation of all the rules and regulations.
A condo can present specific complications about the laws, not the least being apathy on the associations part.
My wife is disabled but can still climb our steps up to second floor unit. We have a common elevator to ground floor to deck that our 65 units sits on. We are on second floor and also have two floors, but master bedroom is on our first floor. She feels she should be allowed to have an elevator installed to our entrance from the deck floor. I don't. We would have to appropriate common space, and that is not allowed, also our buildings were built under guidelines in effect in 1981.
I am sure you realize there is no way for anyone to sit at arms lenght and answer your question. You obiously have some personal needs you are concerned about and the place to start is with your State Association of the Handicaped and your personal needs. Broadly, the condos and HOA's fall under this act dependent upon what is just for all. You cannot be unjust to some because you are handicaped and in turn they can not be unjust to you. In our complex we have voluntarly made numerous improvements to assist anyone that needs special consideration, such as handicap ramps, extra railing and light on steps, and of course Handicap spaces closed to elevator. We donated a wheelchair to our condo for anyone to use if they so desire. These changes were made because of concern for the handicaped, renters, visitors and owners.
Make it a common problem and seek common solutions to ccnflicts. The state and county has copius literature about specific laws and procedures, and be sure you give valid appreciation of all the rules and regulations.
A condo can present specific complications about the laws, not the least being apathy on the associations part.
JosephW (Michigan)
Posts: 882
Posts: 882
Posted:
Pretty closely. A Hawaii association just got fined $200,000 for failing to comply. A Michigan association got hit for $270K. Associations can place reasonable controls or conditions on owner requests for changes, such as requiring that any accommodation be removed if the need no longer exists or if the person moves out or sells, but they have to be very careful. I don't know whether you're an owner looking to make changes under the FHA/ADA or a board member trying to find out how to deal with a request. In either case, I would suggest you look through the articles at:
http://www.communityassociations.net/issues_ada_fha.html
Joe
http://www.communityassociations.net/issues_ada_fha.html
Joe
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DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Alex,
In all of my documents studies, there is no question that the ADA and all Federal laws have presidence OVER ANY AND ALL State and Local laws and regulations.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Donna and Alex,
I agree the US and state law take precedence and have to be served that way.
I also believe there are mitigating factors in all Laws. One of our most serious crimes by man is Murder. Yet we have a Law of Justifiable Homicide.
Joe remarks are well taken about how you can run afoul of the ADA Act.
The ADA Act is awash with exceptions and qualification, like all Acts.
But we lose sight of the goal of making the handicaped life more fullfilling when we get embroiled in who's the Boss and who isn't.
In Joe's examples is seems apparent for whatever it is they were fighting about should have been mediated with the Handicaped legal officials and compromised reached. It is a shame that we allow differences to deteriorate to to this point.
So yes the ADA requirements are senior to state and condo law and anyone that has a part in allowing it to reach crises status and this results in fines etc does not have the best interests of the Handicaped and the association in the correct precedence. The ADA and the Association is senior to someones ego trip. But it should never end up in court where a condo is concerned.
I agree the US and state law take precedence and have to be served that way.
I also believe there are mitigating factors in all Laws. One of our most serious crimes by man is Murder. Yet we have a Law of Justifiable Homicide.
Joe remarks are well taken about how you can run afoul of the ADA Act.
The ADA Act is awash with exceptions and qualification, like all Acts.
But we lose sight of the goal of making the handicaped life more fullfilling when we get embroiled in who's the Boss and who isn't.
In Joe's examples is seems apparent for whatever it is they were fighting about should have been mediated with the Handicaped legal officials and compromised reached. It is a shame that we allow differences to deteriorate to to this point.
So yes the ADA requirements are senior to state and condo law and anyone that has a part in allowing it to reach crises status and this results in fines etc does not have the best interests of the Handicaped and the association in the correct precedence. The ADA and the Association is senior to someones ego trip. But it should never end up in court where a condo is concerned.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Exactly right Mr. RobertR1,
Anytime we deal with a Federal Law, it takes more than a Philiadelphia lawyer to understand them. Unfortunately, this law has so many "ifs, buts' and thereofs, written in Federal code that we on the local levels cannot clearly understand that there has to be some room and options to work with the needs on a local or personal level. But we also do have to have certain basic knowledge of them and to try and comply as they are the law of the land.
And THANK YOU for your support. We aren't always on the same paragraph but we are always on the same page.
Donna S
AlexL1 (Florida)
Posts: 305
Posts: 305
Posted:
GREAT comments.. I thank you all !!!
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