Another great question we receive is whether or not HOA's and housing associations are required to comply with the ADA guidelines. The new 2010 ADA Standards do not affect residential dwellings or housing units, such as private residences, apartment complexes, condos or homeowner's associations, if they strictly limit the use of their facility to residents and guests.
Here’s the tricky part. If the only users are residents and guests, then the 2010 ADA Standards do not apply. However, if facilities decide to operate an element of "public accommodation" they then become subject to the standards.
So what does "operating an element of public accommodation" mean to someone who doesn't speak legalese? Here is a list of examples that would require compliance by HOAs:
· If they generate commerce
o The pool is membership driven and anyone can join.
o The building is a vacation timeshare or works to actively rent out units when owners are absent.
o The pool is used for swim competitions that are open to competitors from outside the association.
· If the facility receives Federal funds
· If the pool is open to the general public or used by anyone other than tenants, their families and friends
