This document discusses barrier free design and accessibility for community spaces. It outlines laws regarding accommodations for disabled persons in areas like parking and community buildings. Community associations should consider accessibility standards and guidelines when making modifications to ensure compliance. This includes ensuring parking lots, clubhouses, pools, and other common areas are accessible. Requests for accommodations like handicap parking should be carefully reviewed to avoid potential legal issues.
2. As the population grows older and more people opt
to live in communities, it is increasingly necessary
for Community Associations to be aware of the
applicable laws that apply in regard to disabled
persons.
There are many areas of the law that the Community
Association should consider when making and/or
deciding not to make accommodations for the
disabled.
3. The applicable laws that should be considered in
dealing with issues involving parking and
community buildings, such as the pool or clubhouse
are given below.
12. Most Community Associations are not subject
according to the standards since they are not
considered a place of "public accommodation", but
"public accommodations" may include a facility open
to the general public such as a pool, clubhouse or
parking lot that is located on the public property.
13. "an auditorium, convention centre, lecture hall, or
other place of public gathering" is considered a place
of public accommodation even though it is a private
entity.
Most parking at a public places are private parking
for co-owners of the community;
There is still a possibility, of course, that a disabled
co-owner could make an argument that if a
community place has a guest parking lot or
clubhouse that is open to the general public, it may
fall under a place of "public accommodation".
14. The same laws that apply in regard to parking should
also be considered when dealing with the club
All new construction and/or modifications to
existing structures must be accessible to individuals
with disabilities. house, pool or other common areas.
15. If the clubhouse or pool is open to the public, a
strong argument exists; thus an Association should
take a close look at their clubhouse or pool area to
determine if there are barriers for the handicapped
and whether the removal of such barriers is readily
achievable.
If the clubhouse or pool is not open to the public and
only co-owners of the community are permitted to
use the facilities, it is not likely that the pool or
clubhouse would be considered a place of "public
accommodation" .
16. Accessibility Guidelines set forth the minimum
requirements to be met for accessibility which
include guidelines on such things as parking spaces,
stairs, elevators, windows and doors as well as a
multitude of other areas of a building.
17. Community Associations should have policies and
procedures in place to address requests for handicap
parking and/or unit or common element
modification.
If a Community Association is presented with a
request by a co-owner to designate a handicap
parking space near his/her unit, the Association
should be cautious if it is considering denial of the
request or if it does not think the individual is
impaired enough to warrant the designation of a
handicap parking space
18. Guidelines and Space Standards for Barrier Free Built
Environment for Disabled and Elderly Persons
•A wheelchair has a footplate and leg rest attached in front
of the seat. (The footplate extends about 350 mm in the
front of the knee). The footplate may prevent a wheelchair
from getting close enough to an object.
a.Manually operated equipment must be designed to be
easily accessible from a wheelchair.
b.Make sure that the coin slots of vending machines etc.
are located no higher than 1200 mm.
c.Allow a space at least 350 mm deep and 700 mm high
under a counter, stand, etc .
Space required for wheelchair
footplate