Homeowners Associations, ADA, and FHA

Americans with Disabilities Act

The Americans with Disabilities Act (“ADA”), passed in 1990, was enacted to prohibit discrimination based on disabilities. Generally, the ADA does not apply to Associations. However, if the Association has any areas open to the public (i.e. a community pool, community gym, leasing office, etc) then those portions open to the public must adhere to the ADA.

Fair Housing Act

While the ADA generally does not apply to Associations, the Fair Housing Act (“FHA”) does apply to Associations. Under the FHA, if a person with a disability makes a disability-related request for a reasonable accommodation, the Association may not deny that request unless it places an undue hardship on the Association.

In these circumstances, a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations.

For example, under FHA guidelines, a request for a parking space because of a physical disability is considered a reasonable accommodation. An Association may not require persons with disabilities to pay extra for the disability parking space, nor may the Association require the person with disabilities to pay for any changes that must be made for the reasonable accommodation. Please review the entirety of the FHA’s opinion on disabled parking here.

If the Association is open to the public or has over 30 parking spots, at least 2% of these spots must be accessible spaces. If not open to the public, or fewer than 30 parking spots, making accessible spaces is considered a reasonable accommodation.

Do you have any FHA or ADA questions? RSVP for our class on September 3rd here.