The ADA (Americans with Disabilities Act) Title II and III entities state requirements for the public, in this case being state and local governments for making swimming pools, wading pools, and pool spas accessible to Americans with disabilities. The state covers places of public accommodation such as hospitals, parks, theaters, convention centers, health and amusement parks; educational and occupational certification entities (both public and private), and commercial facilities.
Condominium and HOA associations are considered more of private than “places of public accommodation” which makes it hard to associate the ADA rule with community laws. Such common areas and elements of HOAs and condominiums are opened exclusively to residents and their guests, and are not open to the public thus legally not required to make wheelchair lifts for the disabled living in such a community.
Construction of swimming pools in HOAs are mainly constructed depending on the building codes. In these codes, which ADA standards are built into, disabled residents might be covered before or even when renovations are being made, but it does not speak directly of HOA board providing wheelchair lifts in community pools as a lawful requirement
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