Legal Question in Disability Law in California

Hi

I recently move in a new complex and then I found that there is no ramp access to the sidewalk, which lead to my front door, for my scooter. What i mean is after I park my car in the carport, I'm in drive way and there is no ramp which leads to the curb side.

I have contacted the HOA and they said that this is a private property and I need to find the contractor, submit a plan to HOA for approval and then pay for the concrete work myself to put the ramp on the sideway (walkway) which lead to my front door.

But when I get the concrete contractor to give me a quote, he told me that there is a Disability Act in CA that HOA should provide such wheelchair access from driveway to my front door.

So, in my case, who should pay for the ramp for wheelchair access to my front door?


Asked on 1/29/10, 2:18 pm

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

It would depend upon the use of the sidewalk. Does it serve any public function? For example, does it lead to facilities such as a pool, clubhouse, or gym, which if made available to the public, could fall within the public accommodations category, thus requiring compliance with the ADA.

HOA's and the ADA is a gray area that is very fact dependent. If you would like to discuss this further, please do not hesitate to contact me.

Regards,

Bryan Becker

Becker Attorneys

[email protected]

www.becker-attorneys.com

877.201.8728

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Answered on 2/04/10, 9:03 am


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