Blogs

Permalink

Comments

11-11-2018 07:00 AM

Hi,

I manage a 14-story HOA condominium building in Oakland, CA.

Our BOD have recently replaced 3 fire doors in the underground parking garage which enters into the residential hallway elevator area, and plans to install the automatic ADA push buttons.
Please note that only the owners have access to our underground parking garage to enter the residential hallway elevator area.

Are we required to comply with ADA , Federal Fair Housing Act ("FFHA"), & California Fair Housing Act ("CFHA") requirements??

Our new fire doors in the underground parking garage are 36" single door, and opens 90 degrees.


Thank you

08-31-2018 10:41 AM

ADA compliance has become a big liability issue. The ADA is a Federal law, different from your building codes which are state codes. There are overlaps and conflicts in State v Federal codes. It can get very complicated.

There are a few steps to ADA compliance.
1) discuss your project with an ADA consultant to see if your property needs to be ADA compliant.
Simple tests are: Do you have an elevator? Do you have a public area where members or guests would congregate?

2) get an ADA consultant to do a review of your property
3) scope out repairs
4) make repairs

There is more information on my website regarding ADA compliance.


ARCHforensic - ADA Compliance, Construction Litigation ConsultingArchforensic
remove preview

ARCHforensic - ADA Compliance, Construction Litigation Consulting
ARCHforensic is a full service forensic architecture and construction claims firm who provides ADA compliance review consulting services.
View this on Archforensic >

09-01-2017 09:59 AM

​Matt,
ADA applies to places that are publicly owned or open to the public, such as a store.  Most HOA's are open to members only so they are not open to the public under the law.  There are 8 measures a court looks at when determining if a place is open to the public.  The below article from the CAI Law Reporter has a good explanation of it.
 
Private Club Exempt from ADA
Lobel v. Woodland Golf Club of Auburndale, No. 15-13803-FDS (D. Mass. May 31, 2017)
Federal Law and Legislation: The U.S. District Court for the District of Massachusetts held that a country club was not subject to the Americans with Disabilities Act and did not have to allow a handicapped golfer to use a specialized assistance golf cart. [Read more]
 
 Hope this helps.
Frank

03-09-2017 01:00 PM

Ken, 

For information regarding ADA, I would recommend visiting the following site:

https://www.ada.gov

ADA is governed by the US Department of Justice, not the Labor department.  this site contains many of the federal requirements, but you may want to check your state specific site, county specific site, and city specific site, for any additional requirements they may have.  Each jurisditction may have different specific requirements, and you are required to follow the most stringent specifications.  Usually, the county or city requirements are more specific.  

I hope this is helpful!

Matt

12-28-2016 07:57 PM

Not sure what you are talking about Melanie but thanks though.

12-28-2016 03:08 PM

The Federal Fair Housing Act applies to condominiums not the ADA.