Legal Question in Disability Law in California

ADA and Homeowners Associations

I'm curious how the ADA or other fair housing laws

apply to Homeowners Associations - in particular if an

HOA is required to hire a sign language interpreter at

HOA expense for a deaf member of the association to

participate in Board meetings or other committee

activities.


Asked on 10/22/07, 1:46 pm

1 Answer from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: ADA and Homeowners Associations

Interesting question! Presumably the ADA would apply if the HOA is providing a public accommodation, which arguably could be the case for the Board meeting and Committee activities. I also think that the FHA law would apply in that the HOA would need to make reasonable accommodations for people with disabilities.

As for the cost there may be a difference in treatment. The ADA & FHA treat the cost borne by the HOA and the individual differently. For example, for structural changes the FHA requires the resident to pay, whereas the ADA requires the Board to pay. I think that the same logic would apply to your situation.

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Answered on 10/26/07, 7:17 pm


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