It requires a membership, so it’s not technically open for public access.
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.
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It requires a membership, so it’s not technically open for public access.
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.What a miserable existence OP must live. To be so bitter you get upset about an unused lift at a pool for handicapped people.
Stop playing dumb.Yeah. No cripples are allowed in OPs HOA. Go live elsewhere.
Of course it is a cost. A cost an HOA is fully aware of when they go through the process of installing a pool.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.
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?Of course it is a cost. A cost an HOA is fully aware of when they go through the process of installing a pool.
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.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?
Apparently you live so far into the frozen north in amongst the overtaxed citizens of Minneesotah you only know about housing “complexes”.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.
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.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 in Iowa.Apparently you live so far into the frozen north in amongst the overtaxed citizens of Minneesotah you only know about housing “complexes”.
If the membership is okay with it and it is approved as a special assessment, sure.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.
They're still subject to those rules.
But if they were built prior to ADA laws, they are not required to upgrade them. However, IF they do any renovations, they will be required to.
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.If the membership is okay with it and it is approved as a special assessment, sure.
The correct answer may be both.I’m going to assume OP was PUI or he is just a dick.
Thanks Art. You’re 100% correct.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.
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.
Damn. That’s actually pretty smart. I hope he made some change.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.
Damn. That’s actually pretty smart. I hope he made some change.
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.
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.
What’s new?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.
Well it’s never stopped him on the other 4,670 topics he’s an expert on😂😂😂😂😂😂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.
That is simply false. HOA’s are not subject to ADA laws
The HOA does have to pay for it.but the HOA does not have to pay for it; the resident has to pay for it themselves.
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".
You confirmed you are a POS. Please take the UNI out of your handle. It embarrasses the rest of us.We have a couple pools in our HOA and we have to, by code, provide those handicap chairlifts for the cripples to get into the pool. We also have to pay gobs of money to get them inspected each year. I’ve lived here for nearly 10 years now and not once have I seen them used and I frequent the pools quite often with my kids. Our neighbor kid (18) is paralyzed from the waist down from a fall from a tree when he was 7 and he doesn’t even use it.
You either.Well it’s never stopped him on the other 4,670 topics he’s an expert on😂😂😂😂😂😂
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’ll also say, the $50K cost listed earlier appears to be exorbitant. Just a quick Google search lists nothing over $9,000.
You either.
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.🤷♂️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.
What ignorance? I just asked if anyone has actually seen anyone use one before.Cool thread OP, congrats on your ignorance.
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.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.
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).Sec. 144.1222 MN Statutes
www.revisor.mn.gov