Condominiums and Accessible Units

[jar546]

Whether Type A or B, how do you keep tabs on the renovation of individual condo units, especially in buildings built before the early 90's?

If someone wants to remodel a condo unit, how do you know if it was originally designed as a Type B for example?

Basically what are the procedures in place to ensure that a Type B remains a Type B, for example?

 

[jar546]

Bump

 

[mark handler]

Whether Type A or B, how do you keep tabs on the renovation of individual condo units, especially in buildings built before the early 90's?

If someone wants to remodel a condo unit, how do you know if it was originally designed as a Type B for example?

Basically what are the procedures in place to ensure that a Type B remains a Type B, for example?

Without covenants and restrictions placed on the unit, There is nothing in the code, that prevents an owner of a unit from converting it from an accessible unit to a non accessible unit.

 

[jar546]

Without covenants and restrictions placed on the unit, There is nothing in the code, that prevents an owner of a unit from converting it from an accessible unit to a non accessible unit.

So essentially if someone purchased a condo that was Type A or B and wanted to remodel it and remove all Type A or B amenities, they could do that and there is nothing illegal or against the FHA/VHA or ADAAG?

 

[JMarsh]

Whether Type A or B, how do you keep tabs on the renovation of individual condo units, especially in buildings built before the early 90's?

Correct me if I'm wrong but: From the FHA

DWELLINGS COVERED BY THE DESIGN REQUIREMENTS The design requirements apply to buildings built for first occupancy after March 13, 1991, which fall under the definition of “covered multifamily dwellings.” See page 12 for a discussion of “first occupancy.”

 

[JMarsh]

against the FHA/VHA or ADAAG?

The ADAAG doesn't apply to R2 condo's or apartments - except for areas of public access.

 

[mark handler]

So essentially if someone purchased a condo that was Type A or B and wanted to remodel it and remove all Type A or B amenities, they could do that and there is nothing illegal or against the FHA/VHA or ADAAG?

Was it a condition of approval, to keep the accessibility?
If not, I see no codes or laws that would prevent a homeowner to remodel His/Her unit, anyway they wish.

 

[Builder Bob]

I think the key word is first occupancy ----

 

[Yikes]

Here in California we don’t have type A and Type B. That said, we do a lot of public rental housing subject to 2010 ADAS, covered by CBC 11B, and FHA covered multifamily dwellings, covered by CBC 11 for “adaptable” unitsA. We teach it like this:

1. Our construction documents contain a unit matrix spreadsheet that lists every unit and whether it is:

• ADA mobility accessible (min 5% of units)
• mobility adaptable
• “additional units with mobility features” (such as when TCAC wants more than 5% mobility, but does not require the parking to go with it)
• communication features (min. 2% of units)
• additional units with communication features

Then, if our residential parking ratios exceed 1 space per unit, our site plan labels the parking stalls with the accessible unit number.

2. These plans are given to the property manager / leasing agent. This helps them guide tenants with accessibility needs to the most appropriate units.

3. Tenants are allowed to modify their units over time, including elimination of accessible features, but the mechanism to do so must be a “reasonable accommodation“ request, and they must put down a deposit for the cost of restoring the features.

I realize that condo/ownership is different. I agree you are only responsible for first occupancy. That said, the paperwork I describe above will still help document the developer and HOA‘s intent to provide accessibilty features in event of future legal action.