Did the Burning Tree Master Association (BTMA) board of directors ensure that our pool is compliant with the ADA 2010 Regulations or will we be able to open it this year? The one year grace period the BTMA allowed is over on March 15, 2012. The Justice Department has assured us that there is no grandfathering (even if the BTMA pool was built prior to the implementation of the ADA)
No HOA is exempt.
An attorney we talked to said the fine will go to the board members personally, should they refuse to comply with the mandate.
Watch the video for yourself:
Unfortunately, some of the confusion regarding grandfathering came when one person misinterpreted the law which states:
Existing facilities in compliance with the 1991 Standards are grandfathered and do not need to meet the 2010 Standards unless they are renovated or subject to new construction. However, certain specific elements, for which there were no applicable 1991 Standards—such as swimming pools, wading pools and play areas—must comply with the 2010 Standards by March 15, 2012.
Effective March 15, 2012 the one year grace period is over. The Department of Justice revised final regulations implementing the Americans with
Disabilities Act (ADA) requires that swimming pools and wading pools must be brought into compliance with the 2010 ADA Standards
Compliance with the 2010 Standards become mandatory as of March 15, 2011 with a one year grace period given until March 15, 2012.
The Burning Tree Master Association board of directors is aware of this. It is important that BTMA be in compliance by March 15, 2012, so that we can open our pool in May 2012. (Fines are $55,000 for the first violation and $110,000.00 for the second. If we get one fine due to their failure to act we will have to shut down.)
The Burning Tree Master Association board of directors is aware of this. It is important that BTMA be in compliance by March 15, 2012, so that we can open our pool in May 2012. (Fines are $55,000 for the first violation and $110,000.00 for the second. If we get one fine due to their failure to act we will have to shut down.)
ADA Alert for all HOAs
What is the standard and what facilities are affected? We have been told that Title III of the ADA requires that each "public accommodation remove barriers. No property will be "grandfathered" . There is no "safe harbor" in existing facilities for elements which there are neither technical nor scoping specifications in the prior 1991 Standards). The following must be modified to comply with the 2010 Standards:
- Play areas.
- Swimming pools
- Wading pools
The best way to avoid litigation from advocacy groups or the Department of Justice, is to bring Burning Tree Master Association facilities into compliance.
By now Burning Tree Master Association board of directors should have long ago completed the property wide ADA compliance program. We were told, "If you are not already well into bringing your property into compliance, then your HOA is going to have some serious compliance challenges."
A proactive approach to compliance can help Burning Tree Master Association avoid or minimize liability and expensive governmental and private enforcement. Compliance is the law and as importantly, it is good business.
Compliance requires expertise.
Under the ADA, all businesses, including HOAs have an on-going obligation to evaluate their properties to bring them into ADA compliance. ADA compliance audits are needed to develop compliance strategies.
Burning Tree Master Association board of directors must make sure that all facilities,plus websites and Telecommunication Relay Service capabilities (if applicable) would pass Department of Justice or federal court scrutiny. (Yes, you may have a handicapped person who wishes to use the internet to pay using Paypal.) A list of items besides the chair lifts that must be in compliance which include the dressing rooms, toilets, stalls, hand rails, slopes, etc. can be found at: www.ada.gov Title II
In June of 2011 the Justice Department advised that Burning Tree Master Association should have developed strategies to prioritize compliance to meet the deadline, after first conducting baseline ADA accessibility compliance audits of the facilities.
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Failure to meet ADA standards can result in fines and lawsuits.(And the board should not even try to charge special assessments to pay the resulting fines that there WILL be if everything is not in compliance.)
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