What's Monetary Compensation For ADA Violations By HOA
If you live in a common-interest community with a homeowners association, you are probably aware that there are certain regulations and rules that will apply to common areas. Areas that are open to the public are also subject to the Americans with Disabilities Act (ADA), but if you have a disability that is protected under ADA and feel your rights have been violated, you may be curious about what steps to take next.
If you are seeking monetary compensation for ADA violations by an HOA, DoNotPay can help you through the process.
What Is the Americans with Disabilities Act?
The Americans with Disabilities Act (ADA), which was enacted in 1990, and is a civil rights law that protects individuals with disabilities from discrimination in areas of public life. This includes jobs, transportation, schools, and public or private places that are open to the general public.
Disabilities that are protected under the ADA are those in which a physical or mental impairment substantially limits or more major life activities. These can include blindness, deafness, mobility impairment, bipolar disorder, and more.
With respect to ADA violations of homeowners associations, the section on public accommodations is the most likely to be the most relevant. However, if an HOA employs more than 15 individuals, it is subject to ADA compliance as an employer.
What Public Accommodations Are Included?
If an HOA operates public accommodations, meaning they are open to the general public, they are subject to ADA regulations. Establishments that are frequently operated by an HOA and may be open to the public include, but are not limited to:
- restaurant or bar
- barber or beauty shop
- gym or pools
- golf course
ADA Statutes for HOAs as Employers
An HOA, as an employer of 15 or more employees, is prohibited from discriminating against disabled individuals. This includes firing, hiring, or promotional decisions that are based on disability status. It also includes segregating or harassing the individual.
How to File a Complaint for ADA Violations
There are several things you can do if you believe your HOA has committed ADA violations.
1. File an official complaint with your Homeowners Association.
You should read through your HOA's CC&R to ensure you follow the correct protocol for filing official complaints. Sometimes an HOA may not realize they are in violation of the Americans with Disabilities Act, and bringing it to their attention can help correct the issue.
2. File a complaint with the U.S. Department of Justice Civil Rights Division.
You can file a complaint with the Department of Justice in several ways.
|Online||Contact the Department of Civil Rights Division|
|By Mail||You can print the complaint form and mail it to:
U.S. Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue, NW, Washington, DC 20530
|By Fax||You can print the complaint form and fax it to (202) 307-1197|
3. Contact a local lawyer for advice.
An attorney who specializes in ADA compliance can help guide you further. You can ask for referrals or search your state's bar association if you need assistance finding one.
Quickly File a HOA Complaint with DoNotPay
If you wish to file a complaint or seek monetary compensation for ADA violations with your HOA but want the help of a professional, DoNotPay is here to help. Using our "File an HOA Complaint" service, you can have us draft a professional complaint letter on your behalf.
Here’s how to file a complaint with your HOA using DoNotPay:
- Choose and describe the nature of your complaint (neighbors, maintenance, etc).
- Explain how this problem has negatively affected you and how you want the HOA to address the problem.
- Tell us how long you've been a member of this HOA.
- Confirm your home address so we can generate state-specific legal arguments on your behalf!
That is all you need to do. We will automatically generate a professional, well-written complaint letter. It will have a two-week deadline for the HOA representatives to resolve the issue or contact you with more information.
Our HOA services can also help you:
- Demand resolution of HOA disputes
- File a complaint for HOA renter discrimination
- File an HOA noise complaint
- File other HOA complaint forms
If you have been saddled with unfair fines or fees from your HOA, you can use our "Appeal an HOA Fine" service. DoNotPay will immediately make a demand letter for you. We can even escalate the problem to small claims court for you using our “Sue Now" service.
How Else Does DoNotPay Help?
Not only does DoNotPay help with HOA fines and complaints, but we can also help you with a variety of other issues, including:
- Filing a Neighbor Complaint
- Filing a Complaint Against Any Company
- Filing Insurance Claims
- Helping with Bills
- Completing a Sex Offender Search
- Understanding Stalking and Harassment
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