HOA's don't have to comply with the ADA

In our HOA community, (Windsor Gardens), our HOA board states that they do not have to provide handicapped access to our outdoor pool as it was grandfathered since it was built in 1963, and they do not have to provide handicapped access to our indoor pool because access to that pool is for "Residents Only". Handicapped residents still have to pay full HOA fees for areas they do not have the ability to access and our HOA refuses to

1. Allow handicapped residents to purchase a portable pool lift out of their own funds to provide handicapped access to our outdoor pool as it will effect our pool's grandfathered status and that the pool would have to be brought up to current code. This pool allows guests to swim in the pool for a fee and grandchildren to swim with their grandparents, which would exempt this pool as a "resident only" area not subject to ADA requirements.

2. Allow handicapped residents to purchase a portable pool lift out of their own funds because the HOA does not have to comply with the ADA regulations in areas that are "Resident Only".

We are a 55+ community and many of our residents have secured FHA loans to purchase their condos. Also, the association has had 30 years in which to upgrade the pools to comply with 1991 standards (as required by the 2010 reauthorization of the ADA) and nothing has been renovated in 30 years for fear of losing "grandfathered" status on the outdoor pool and not having to comply with the ADA on the indoor pool.


My question to the task force is how long do we allow HOA's to deny access to common areas and assets that residents pay for, but cannot use because of these loopholes granted to HOA's. Discrimination on the basis of disability should be illegal for HOA's which have had over 30 years to mitigate access problems.

And they are violating their own policies

https://drive.google.com/file/d/1GY1nYnxXnmc2YRG8oZkGSqKuecYeXJUE/view?usp=drivesdk

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Thank you for visiting the community engagement tool for the HOA Homeowners’ Rights Task Force.  

Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.