Overview

Understanding the legal obligations of Homeowners Associations (HOAs) regarding accessibility can be complex. A common question arises about whether HOAs need to comply with the Americans with Disabilities Act (ADA). When HOA amenities are private property and not open to the public, there is no need for ADA compliance. Here’s why:

Private Property Exemption: The Americans with Disabilities Act (ADA) primarily applies to public accommodations and government entities. Since HOAs manage private residential communities, they are generally exempt from ADA regulations. Amenities such as pools, clubhouses, or fitness centers that are exclusively for the use of residents and their guests do not fall under ADA jurisdiction  .

Fair Housing Act (FHA) Compliance: While the ADA does not apply, HOAs must still comply with the Fair Housing Act (FHA). This act requires HOAs to make and pay for reasonable accommodations and modifications to only HOA property considered to be open-to-the-public for residents with disabilities, such as installing ramps or adjusting parking spaces, to ensure accessibility within the community.

State and Local Accessibility Laws: Some state and local jurisdictions have their own accessibility laws that may apply to private residential communities. These laws can impose requirements similar to those of the ADA, ensuring that individuals with disabilities have access within private property settings  .

In summary, there is no need for ADA compliance for HOAs managing private amenities not open to the public, but they must adhere to the FHA and potentially state and local accessibility laws.

Sources:

• U.S. Department of Justice: ADA and Public Accommodations

• HOA-USA: Americans with Disabilities Act and HOAs