But it’s still different than an HOA. If your HOA has 150 homes your membership is limited and exclusive for 150 members. Anyone can join the Y.
Has anyone actually seen someone use the chairlift to get into the pool?
- Thread starter UNIowaHawk
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But it’s still different than an HOA. If your HOA has 150 homes your membership is limited and exclusive for 150 members. Anyone can join the Y.
And to be so poor he has to live in an HOA that only has 2 pools. I'd stay away from a dump like that.
Stop playing dumb.
I am NOT opposed to access at a pool for those who are physically challenged. But the law requiring the presence of those chairs creates issues that a private pool may not be financially able to handle. The Y or a city pool provides a much easier option.
Of course it is a cost. A cost an HOA is fully aware of when they go through the process of installing a pool.
You mean when the DEVELOPER installs it as a feature amenity when building the homes, next to the clubhouse and tennis court to entice buyers and chairs weren’t mandated at the time? Before there was an HOA?
I’m not terribly sympathetic to the perceived plights of those incurring a small cost for the maintenance of a handicap chair lift for a pool in their housing complex.
Apparently you live so far into the frozen north in amongst the overtaxed citizens of Minneesotah you only know about housing “complexes”.
In the 150 unit complex with a $50,000 price tag you cited, you’re talking slightly over $300. Not going to cry over it.
If the membership is okay with it and it is approved as a special assessment, sure.
No, HOA facilities that are only available to their residents and their residents’ guests are not public accommodations and thus not subject to ADA.
Community pools that are associated with a private residential community and are limited to the exclusive use of residents and their guests are not covered by the ADA accessibility requirements. On the other hand, if a swimming pool/club located in a residential community is made available to the public for rental or use, it is covered under Title III of the ADA. If a community pool is owned or operated by a state or local government entity, it is covered by Title II of the ADA, which requires “program accessibility.” See http://www.ada.gov/pools_2010.htm.
It could be a special assessment. It could be built into the budget. Again, not something that is going to kill anyone’s budget whether for the HOA or the owner.
Thanks Art. You’re 100% correct.
I’m not saying these communities don’t choose to install these I’m saying they’re exempt under certain conditions.
Again: They are not exempt when a handicapped person belongs to the HOA.
Watch your HOA get sued, lose a shit-ton of legal $$ AND have to install one.
60 minutes or similar show did a story about a lawyer that would use Google earth to find pools in apartment complexes and hotels that didn’t have one and file lawsuits.
And then he "enlisted" a handicapped person to actually try and access the facility so there was someone with "standing" (pun not intended) who could sue.
That is simply false. HOA’s are not subject to ADA laws unless they allow access to people other than residents and their guests. You clearly have no idea what you are talking about.
Worst case scenario is that under the Federal Fair Housing Act an HOA may need to allow a resident to make changes to allow them full access to common areas, but the HOA does not have to pay for it; the resident has to pay for it themselves.
But, with the exception noted, ADA simply does not apply to HOA’s. I’m on the board of ours and have had extensive conversations on the subject with other boards and outer attorney.
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Well it’s never stopped him on the other 4,670 topics he’s an expert on😂😂😂😂😂😂
No, it's 100% correct.
If a disabled resident tells them to install equipment to allow them access, they can either do it, or they can lose in court over it. That resident is required the same access to facilities the others have, as an HOA member.
The HOA does have to pay for it.
And will, when they lose the case in court.
The resident would need to pay for access to their OWN property, but NOT to "community property".
I think you’re wrong on this Joe. That said, I’d have no problem making sure reasonable accommodations are made for their members.
How HOAs Can Work With Disabled Residents - Enforcing Rules Uniformly
How HOAs Can Work With Disabled Residents - Homeowners association boards try to enforce the rules as uniformly as possible.
sc-manage.com
At some point you should just admit when you don’t know a subject.
HOA Accommodations for Disabled Residents
*New Resource Various laws have been established to protect the rights of disabled individuals, such as the Americans with Disabilities Act ("ADA") and the Federal Fair Housing Act ("FFHA"). ...
1. ADA does not apply to HOA’s that are private. So just stop.
2. FFHA can force HOA’s to make reasonably accommodations in their rules. But structural changes would be paid for by the resident. Even in common areas.
Please, stop spouting crap when you are out of your element.
I’ll also say, the $50K cost listed earlier appears to be exorbitant. Just a quick Google search lists nothing over $9,000.
You confirmed you are a POS. Please take the UNI out of your handle. It embarrasses the rest of us.
U don't know Joe very well do u.At some point you should just admit when you don’t know a subject.
HOA Accommodations for Disabled Residents
*New Resource Various laws have been established to protect the rights of disabled individuals, such as the Americans with Disabilities Act ("ADA") and the Federal Fair Housing Act ("FFHA"). ...hoalaw.tinnellylaw.com
1. ADA does not apply to HOA’s that are private. So just stop.
2. FFHA can force HOA’s to make reasonably accommodations in their rules. But structural changes would be paid for by the resident. Even in common areas.
Please, stop spouting crap when you are out of your element.
The chair runs about that. There are usually two - one at each end. Installation may require some structural modifications. Liability insurance will increase and maintenance is involved. Also some communities may wish to have a lifeguard on the premises where none was used before.
I stopped at 4,000. You have to know your limits.
So, about $25,000 for a chair if structural changes are required. Sounds like the HOA has to weigh that if they choose to open up their pool to outsiders.🤷♂️
Cool thread OP, congrats on your ignorance.
This escalated quickly and somehow derailed quickly— Geesh. I just asked if anyone has ever seen them used as I never have— not in ten years here or in any public pool or hotel. Not once.
As for HOA and ADA, in Minnesota an HOA pool is considered a public pool even if it’s just for residents.
(d) "Public pool" means any pool other than a private residential pool, that is: (1) open to the public generally, whether for a fee or free of charge; (2) open exclusively to members of an organization and their guests; (3) open to residents of a multiunit apartment building, apartment complex, residential real estate development, or other multifamily residential area; (4) open to patrons of a hotel or lodging or other public accommodation facility; or (5) operated by a person in a park, school, licensed child care facility, group home, motel, camp, resort, club, condominium, manufactured home park, or political subdivision with the exception of swimming pools at family day care homes licensed under section 245A.14, subdivision 11, paragraph (a).
As for HOA and ADA, in Minnesota an HOA pool is considered a public pool even if it’s just for residents.
Sec. 144.1222 MN Statutes
www.revisor.mn.gov
What ignorance? I just asked if anyone has actually seen anyone use one before.
The reading comprehension of some people on this board is seriously lacking.
Then you bitched about having to pay for it. Move to another place and get your own pool where you don’t have to pay for it if you don’t like it.
Interesting. I read that as saying for purposes of that section of Minnesota state law. Is your HOA pool otherwise closed to anyone but residents and guests? Do you have short term rentals? It is possible MN wrote a law that makes HOA’s subject to ADA, which would explain why you have the lifts.
