Covering Accessibility in Your CC&Rs

At the risk of repeating ourselves about putting everything in your CC&Rs – make sure you cover accessibility requirements in there too. Making sure that you cover all the important issues in your association’s CC&Rs is the best way to protect yourself, your property, and your owners/residents. 

Why ADA Accessibility Should be in the CC&Rs

There are a few reasons that including your association’s ADA accessibility requirements in your CC&Rs is a good idea. One of them is for clarity. Detailing what your association is required to comply with legally, as well as any requirements you’re choosing to implement on your property, eliminates any confusion or push back. 

Another reason to include ADA rules in your CC&Rs is for enforcement. Any accommodations that are mandated by law have some built-in enforcement, but that means involving outside entities. While that may still be necessary depending on the situation, being able to enforce your own rules within your association is faster and easier. 

How Should These Sections be Worded?

Just like anything else being added to your CC&Rs or bylaws, it’s important to be detailed and specific to your property. Reach out to your association’s attorney to make sure that any additions to your CC&Rs are clear, concise, and correct. 

A few general pointers:

• If you are including some things that are required by law and some things you are implementing by choice, it’s a good idea to have separate sections for each category.
• As a general rule, you want to quote any legal references directly.
• Be clear about what accommodations your association is making voluntarily – these could be changed subsequently since they are not legally required. 

If you have questions or need an attorney to help you with updates to your CC&Rs, reach out to my office. We’re here to help!