Attorney General Eric Holder signed final regulations revising Titles II and III of the Americans with Disabilities Act of 1990 (ADA). The revised regulations will take effect March 15, 2011, and compliance must be achieved by March 15, 2012. 

Some highlights of the new law include revisions to the ADA Standards for Accessible Design, which set minimum requirements for newly designed and constructed or altered State or local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.

The revised regulations also clarify the term “service animal”, and draw a distinction between “wheelchairs” and “other Power-Driven Mobility Devices”.

Most HOAs will not be greatly impacted by the revised regulations, as the ADA applies to public places and not private communities. However, communities that operate like hotels and/or allow the general public to use their recreational amenities and facilities may be affected and should be aware of the new regulations.

The Department of Justice has prepared Fact Sheets identifying the major changes in the rules. Please contact us if you have any questions.

Melissa M. Garcia
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