I live in Leisure World Seal Beach that has an H.O.A. My question, I’m presently remodeling my apt. that Golden Rain Foundation owns but is mine as a share holder. ( I can sell it & ask any price I would like to sell it for) I would like to put in a exit door in my bedroom with a walkway connected to my entry walkway to the sidewalk. There are other units in my mutual that have the same, however, they are in a different area. Can my mutual prevent me from putting me exit door in my bedroom? Thank You Ed Kessler
My husband is 92 and now confined to a wheelchair following a stroke. Back in Jan.2017 i moved us into a condo. Renting a unit from a private individual who owns tbe unit. He has been accomidating,on the other hand the HOA has not. For instance the lights have been out on the south entrance to our building for over 6 months. I have repeatedly sent emails and phone calls which mgt. Stated they will have it taken care of yet nothing ever happend. Now my husband has bruised his hands and skinned his shins attempting to enter after dark yet mgt has not responded to our request at all. Also the issue of handicapped parking spaces we were told nothing they could do because spaces are deeded to owners? Building built 1989
The "building official" is the officer or other designated authority charged with the administration and enforcement of this code, or the building official's duly authorized representative in accordance with state law. Local cities and counties have building officials who regulate construction in their jurisdiction. State funded construction on state property is often regulated by a state agency, such as the Division of the State Architect. Sometimes public construction has more than one building official — each has separate jurisdictional oversight responsibilities.
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No. To the extent that EVCS are a public accommodation or commercial facility they are covered by the federal law of the Americans with Disabilities Act. The new accessibility requirements in the CBC are intended to provide full compliance with the requirements of the ADA. Compliance will help property owners meet their legal obligations under the ADA and avoid costly legal actions.
The California Green Code appears to require service panels, sub-panels, and raceway of sufficient capacity to accommodate 40 amp circuits rather than mandating one 40 amp circuit for each EVCS in residential and nonresidential locations. For additional information you may contact the Department of Housing and Community Development for infrastructure requirements at residential locations or the Building Standards Commission for infrastructure requirements at nonresidential locations
When a building, or portion of a building, is required to be accessible or adaptable, an accessible route of travel shall be provided to all portions of the building, to accessible building entrances and between the building and the public way. Except within an individual dwelling unit, an accessible route of travel shall not pass though kitchens, storage rooms, restrooms, closets or other spaces used for similar purposes.
Spector v. Norwegian Cruise Line Ltd.[64] was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation it was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States.
If the lift encroaches into the City’s property (presuming they allow that), my concern is less regarding an ADA issue and more regarding a potential tripping hazard when the lift is down. WE have on occasion, when a temporary ramp is used to provide access over a single step, also used orange traffic cones to alert pedestrians about a potential tripping hazard.
Of the 814 federal cases, New York and Florida led the way with more than 335 and 325 cases, respectively. Surprisingly, California only had nine new website accessibility lawsuits in 2017, most likely because plaintiffs filed in state court.  Federal courts in Arizona (6), Georgia (9), Illinois (10), Massachusetts (15), New Hampshire (2), Michigan (1), New Jersey (4), Ohio (8), Pennsylvania (58), Puerto Rico (1), Texas (7), and Virginia (24) also had their share of website accessibility lawsuits.

Since March 15, 2012, ADA compliance with the 2010 Standards will be required for new construction and alterations. In the period between September 15, 2010 and March 15, 2012, covered entities may choose between the 1991 Standards ADA Compliance (without the elevator exemption for Title II facilities), the Uniform Federal Accessibility Standards (Title II facilities only), and the 2010 Standards ADA Compliance.


In 2017, lawsuits against companies for ADA website compliance were not nearly as common and based on this article, you can see that lawyers had to prove that the web presence was closely related to Winn-Dixie’s physical location. Nowadays, we are seeing that websites are being held to the same standards as physical locations as it relates to ADA. Websites are now a public space.
It should be understood that the initial response from the Department of Justice is preliminary. The process for ADA certification will undoubtedly take time; include public participation meetings, interaction with the United States Department of Justice, and rulemaking for building standards. It should therefore be assumed that the side-by-side analysis, including comment from the Department of Justice, is subject to revision. These documents are preliminary, are provided for informational purposes only, and should not be considered as final determinations by the United States Department of Justice and/or the Division of the State Architect.
Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams,[72] was a case in which the Supreme Court interpreted the meaning of the phrase "substantially impairs" as used in the Americans with Disabilities Act. It reversed a Sixth Court of Appeals decision to grant a partial summary judgment in favor of the respondent, Ella Williams, that qualified her inability to perform manual job-related tasks as a disability. The Court held that the "major life activity" definition in evaluating the performance of manual tasks focuses the inquiry on whether Williams was unable to perform a range of tasks central to most people in carrying out the activities of daily living. The issue is not whether Williams was unable to perform her specific job tasks. Therefore, the determination of whether an impairment rises to the level of a disability is not limited to activities in the workplace solely, but rather to manual tasks in life in general. When the Supreme Court applied this standard, it found that the Court of Appeals had incorrectly determined the presence of a disability because it relied solely on her inability to perform specific manual work tasks, which was insufficient in proving the presence of a disability. The Court of Appeals should have taken into account the evidence presented that Williams retained the ability to do personal tasks and household chores, such activities being the nature of tasks most people do in their daily lives, and placed too much emphasis on her job disability. Since the evidence showed that Williams was performing normal daily tasks, it ruled that the Court of Appeals erred when it found that Williams was disabled.[72][73] This ruling is now, however, no longer good law—it was invalidated by the ADAAA. In fact, Congress explicitly cited Toyota v. Williams in the text of the ADAAA itself as one of its driving influences for passing the ADAAA.

Accessible seating or accommodations in places of public amusement and resort, including theaters, concert halls and stadiums, but not including hotels and motels, shall be provided in a variety of locations so as to provide persons with disabilities a choice of admission prices otherwise available to members of the general public. When there are over 300 seats, dispersal is required, and when there are less, no dispersal is clearly indicated in the code. However, some trial courts have found that lack of dispersal creates a highlighted area — generally considered discriminatory. The building code does mention this, and further changes in the code to clarify this is quite likely.
When a property owner hits the 20% cost limitation on path of travel improvements, the jurisdictional entity cannot require further improvements to the path of travel to occur. The property owner should be advised, however, that for older facilities that pre-date the ADA, barrier removal is required by the ADA. Barrier removal, however, will not be enforced by the local jurisdictional entity.
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