On July 23, 2010, Attorney General Eric Holder signed final regulations revising ADA rules, which were published in the Federal Register on September 15, 2010. The revised regulations will take effect March 15, 2011, and compliance must be achieved by March 15, 2012.   The major changes include revisions to the ADA standards for Accessible Design, further definitions of the term “service animal”, and clarification of the terms wheelchairs and “Other Power-Driven Mobility Devices”.   Perhaps most significantly, these changes now provide that condominium properties that operate like hotels are subject to Title III of the ADA. How will this affect your community? Remember that ADA regulations apply to “public” places and not private communities. However, if your community, for example, allows public use of its swimming pool or other facilities, you may be subject to the ADA and these revisions. Also, if you are a condominium community and offer units in the community for short term use to non-owners, this may now qualify you as being subject to the ADA pursuant to the above clause concerning condominium communities that operate like hotels. For more information click here or call one of our attorneys at 303.432.9999 or 800.809.5242.

Elina B. Gilbert
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