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Condominium rentals can impact ADA compliancy rules
Joe Adams, jadams@bplegal.com
Q: In a condominium that permits short term rentals, must the property be ADA compliant and who must make these modifications or alterations?
– J.B. (via e-mail)
A: This is an extremely complex area of law. Important additional facts would include when the building was constructed, how many units are rented out on a short term basis, whether the association is involved with renting units, and who is in “control” of the units.
Condominiums that permit short term rentals and operate with the characteristics of a hotel would likely be subject to Title III of the Americans With Disabilities Act (“ADA”). Those condominiums may also be subject to the Fair Housing Act (“FHA”) because communities with some “residential” and some “hotel” characteristics may be governed by both laws. Those condominiums which are purely residential are likely only governed by the FHA.
The ADA Standards of Accessible Design were updated in 2010 (“2010 Standards”). The 2010 Standards contain a set of architectural guidelines regulating particular features and elements of facilities that are subject to the ADA, such as the height of the light switches, the width of doors, the slope of access ramps, the number, size, and location of handicapped parking spaces, and pool and spa requirements, to name a few.
The 2010 Standards provide that timeshare and condominium properties that operate like hotels are subject to Title III of the ADA. The 2010 Standards provide guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of public lodging. The 2010 Standards limit the obligations for units that are not owned or substantially controlled by the operator of a place of lodging. Such units are not subject to the barrier removal and alterations requirements if the physical features of the guest room interiors are controlled by their individual owners, rather than by a third party operator.
If a community is subject to the ADA, the association would likely be responsible for bringing the common elements into compliance with the 2010 Standards and the Florida Building Code. The association should contact its attorney to determine if the law applies, and if so, work with an engineer and legal counsel to determine exactly what alterations may be required.
Joe Adams, jadams@bplegal.com
Q: In a condominium that permits short term rentals, must the property be ADA compliant and who must make these modifications or alterations?
– J.B. (via e-mail)
A: This is an extremely complex area of law. Important additional facts would include when the building was constructed, how many units are rented out on a short term basis, whether the association is involved with renting units, and who is in “control” of the units.
Condominiums that permit short term rentals and operate with the characteristics of a hotel would likely be subject to Title III of the Americans With Disabilities Act (“ADA”). Those condominiums may also be subject to the Fair Housing Act (“FHA”) because communities with some “residential” and some “hotel” characteristics may be governed by both laws. Those condominiums which are purely residential are likely only governed by the FHA.
The ADA Standards of Accessible Design were updated in 2010 (“2010 Standards”). The 2010 Standards contain a set of architectural guidelines regulating particular features and elements of facilities that are subject to the ADA, such as the height of the light switches, the width of doors, the slope of access ramps, the number, size, and location of handicapped parking spaces, and pool and spa requirements, to name a few.
The 2010 Standards provide that timeshare and condominium properties that operate like hotels are subject to Title III of the ADA. The 2010 Standards provide guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of public lodging. The 2010 Standards limit the obligations for units that are not owned or substantially controlled by the operator of a place of lodging. Such units are not subject to the barrier removal and alterations requirements if the physical features of the guest room interiors are controlled by their individual owners, rather than by a third party operator.
If a community is subject to the ADA, the association would likely be responsible for bringing the common elements into compliance with the 2010 Standards and the Florida Building Code. The association should contact its attorney to determine if the law applies, and if so, work with an engineer and legal counsel to determine exactly what alterations may be required.