Wheelchair Users in Condominiums Are Being Stiffed Regarding Common Area Accessibility

The purpose of the Americans with Disabilities Act (ADA) is to prevent discrimination especially in Civil Rights Law.  These building accessibility requirements are addressed in the Civil Right Laws of the Fair Housing Act (FHA) of 1968 and 1988 plus the ADA of 1990 and 2008. 

In the early 1990's, the Ingersoll case is especially interesting.  Marriott was concerned about its time shares.  Was the jurisdiction FHA, ADA or both?

The ruling by the Federal Judge was ADA.  The reasoning was they operated and functioned more like hotels than residences.  Condominiums are a little more of a challenge.  It's obvious that inside the unit (ACCESS calls this "private space"), the jurisdiction is FHA.  But, what about the accessible route to and around the building, the common areas within the building, and outside the building?  These areas (ACCESS calls "public areas") are available to all owners or renters.  The common areas really operate and function more like public areas of buildings, therefore, in the opinion of ACCESS, are public areas.

There is jurisdiction in the ADA Amendment Act of 2008 that addresses housing in Title 42, Chapter 126, Section 12101 (a) (3); and it is here, in the opinion of ACCESS, where the jurisdiction for the condominiums accessible routes and common areas requirements are those of the ADA.  Those building requirements of the ADA are called guidelines.  These guidelines and ANSI are 95% the same; so, they are both on the same track.

The difference is that ANSI is enforced by building officials.  ANSI has been around since the early 1960's.  Forty years later, we get the ADA, a Civil Right Law addressing building accessibility for the disabled with enforcement by Federal Judges.  This resulted in uniform building accessibility with real enforcement.  In the opinion of ACCESS, this is what is really needed today in housing as it pertains to condominiums and apartments.

Give us your questions or thoughts on the above article.  You can post them here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also reach us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.