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Condominium Associations and Accessibility

jar546

jar546

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Scenario:

Mid-ride condo with association that serves approximately 140 owners has a community pool that is not accessible. From my understanding, if one of the owners has a disability that requires a chair-lift at the pool, it is the financial responsibility of the person who needs the accessible chair-lift to have it installed.

That is a question in the form of a statement.

In addition, would you require a chair-lift if this was a new pool under construction for this condo?
 
I would say the HOA, since they own the pool.

Plus the handicapp guest, visiting, with there ada attorney, lawsuit on laptop,,, is another reason the hoa should install it.
 
I'd say the condominium association has the responsibility.

If it were built new today, accessibility would be required. The ADA (not the ISPSC, IEBC, A117.1, etc. unless a permit is pulled for an alteration/replacement) requires continual removal of barriers. The association should be setting aside a portion of the tenant fee's to maintenance and upgrades.

If they haven't been setting the funds aside, that was a mistake that hopefully can be learned from.
 
In both the ADASAD and Fair Housing Guidelines, common use areas Shall be accessible.
It is up to the Lawyers on who is going to pay for it.
New it would be the developer.
 
Community I manage was built out in the late 70s with a pool. They have not been required to go full accessible because they are owner and guest only, not public access.

The advice we've gotten is a chairlift or other modifications could be charged to the owner wanting the change, but they would most likely pick up the cost since it would be a benefit to more than the individual.

Just on a cost-benefit off-the-cuff, even if a community could put the cost to the owner wanting the change, the value it provides and potential expense of fighting would be a wash or a loss, and maybe end up costing a ton in fines. Better to just put it in.
 
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