Question:
Our neighborhood has sidewalks but no ramps… is this legal? I have asked the builder if they plan on adding ramps and they said no.
– Liliana
Answer:
Hi Liliana,
If the homeowners association is a place of public accommodation, the Americans with Disabilities Act may apply and the lack of ramps may lead to liability. The Texas Fair Housing Act Section 301.025(c)(3) also states that failure to construct and design a covered multifamily dwelling in the following ways may be considered discrimination:
- Construction in a manner that allows the public use and common use portions of the dwellings to be readily accessible to and usable by persons having a disability
- Construction in a manner that provides all premises within the dwellings contain an accessible route into and through the dwelling.
You may raise this with the builder and HOA board. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
