ADA

The Americans with Disabilities Act of 1990 (as amended) prohibits discrimination on the basis of mental and physical disabilities and also sets standards for accessibility.

The Americans with Disabilities Act (ADA) is overseen by the US Department of Justice Civil Rights Division.  The US Access Board develops and oversees accessibility requirements based on the ADA, the Architectural Barriers Act (ABA), the Rehabilitation Act, the Communications Act and the Patient Protection and Affordable Care Act.

Every state has its own civil rights, human rights and/or fair housing statute.  Some states, like Florida, have precise language about specific types of adaptive alterations.   Florida Homeowner's Associations (720.304(5))

(5)(a) Any parcel owner may construct an access ramp if a resident or occupant of the parcel has a medical necessity or disability that requires a ramp for egress and ingress under the following conditions:

1. The ramp must be as unobtrusive as possible, be designed to blend in aesthetically as practicable, and be reasonably sized to fit the intended use.

2. Plans for the ramp must be submitted in advance to the homeowners’ association. The association may make reasonable requests to modify the design to achieve architectural consistency with surrounding structures and surfaces.

(b) The parcel owner must submit to the association an affidavit from a physician attesting to the medical necessity or disability of the resident or occupant of the parcel requiring the access ramp. Certification used for s. 320.0848 shall be sufficient to meet the affidavit requirement.