ADA and Condominiums

[jar546]

Part(s) of the ADA are condominiums exempt from?
(yes, this is a loaded question)

 

[steveray]

None....

 

[mtlogcabin]

There is no such thing as a condominium in the codes. They are R-2 occupancy uses and fall under HUD Fair Housing for the individual units.

 

[Yikes]

• ADA for the dwelling units themselves: No requirements. It's private housing, not a public accommodation.
• If the condos have a sales or leasing office, or any space that conducts business, then those business portions would need to comply with ADA Title III.
• Fair Housing Act Design Manual: Yes, if it's 4 condos or more.
• Any additional requirements adopted in local accessibility codes: You'll have to research that on your own.

 

[steveray]

Office condo? Shop condo? Apartment condo? SFD condo? Air BNB?

 

[Jay Smith]

The thumbs-up on the answer “None” implies that is the correct answer. I’d be curious to understand why. Is there some sort of trick question in this? Something to do with the word “exempt”?

 

[steveray]

The thumbs-up on the answer “None” implies that is the correct answer. I’d be curious to understand why. Is there some sort of trick question in this? Something to do with the word “exempt”?

More likely the word condo.....

 

[mark handler]

The ADA only applies to "public accommodations" and as most condo's, stock cooperatives and HOA planned developments are private and not public accommodations, the ADA would not apply. A community association will not be subject to the ADA unless it is operating what can be considered a "public accommodation", defined as any facility which an association is holding out for use by members of the general public — not solely for use by the condo or HOA’s members and their guests.
The Public portions shall be accessible but not Based on the ADA, unless they allow members of the public to buy memberships or passes to the HO Association's pool, conference/rec rooms. Some HO associations have allowed schools, religious groups, the Boy Scouts or other clubs to use their HO association’s clubhouse or other common area facilities on a regular basis for meetings and events. Some HO associations even allow their facilities to be used as a balloting location open to the public.

 

[Yikes]

Office condo? Shop condo? Apartment condo? SFD condo? Air BNB?

Good point. The word "condo" merely implies the extent of land and space ownership in multifamily housing, approved via a condo map or tract map.
I know of a public housing agency that bought an entire condo development where the developer went bankrupt just before construction completion. The housing agency is listed as the owner for each individual condo. They rent out the condos as low-income housing, using project-based vouchers. Because these dwelling units are now subsidized housing, they meet the definition of "Public Housing" in ADA.

There's some articles that indicate is 5 or more condo rooms in a development are used as short-term rentals (AirBnBs), then these rental condos become subject to ADA. https://nochumson.com/the-applicabi...sability-act-to-short-term-rental-facilities/

 

[jar546]

So let's look at a typical condo and continue the conversation, which is an excellent conversation so far. So thank you to those participating.

A typical condo is mid-rise or high-rise building and has from dozens to hundreds of units.

There are always common areas such as lobbies, security desks, pools, banquet rooms, gyms, management offices and so on.

It is not uncommon for a resident to hold a party where guests are invited who don't live there. Some of these parties have upwards of 100 people attending.

There are times when some condo owners rent out the condo to a tenant.

There are times when condo owners use it as an AirBnb or similar short-term rental.

Most of the time they have tennis courts, pickle ball courts and have tournaments against other condo associations.

There are always employees such as security, management and maintenance personnel.

There are always contractors & their workers on-site every single day, working in side condos and in common areas.

The reality is that these buildings have a lot of public traffic parking entering and using common areas.

 

[Paul Sweet]

It's been a long time since I was involved with residential condos, but my rule of thumb was Fair Housing amendments for the units and ADA for public spaces, as well as IBC, which sometimes is stricter than ADA.

 

[Jean Tessmer-HI]

Part(s) of the ADA are condominiums exempt from?
(yes, this is a loaded question)

Too little info. Why are you asking about the ADA for Condo's? my best guess.

if these are hotel units that affect commerce (makes money and open to the public), then you will need the follow the ADA by providing the minimum number of ADA accessible units based on the total number of condo's built on the project site. Every single unit will need ADA entrances and accessible routes and exits under the visitablity requirements. All commonly used elements will need to be ADA accessible and usable.

If this project has four or more residential units in a cluster, you will also be covered by the Fair Housing Act (FHA) for all ground floor units. If there is an elevator, then every single one of the condo's connected to that elevator will be covered by FHA.