Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding posting documents online and if it opens up any Americans with Disabilities Act concerns. It reads as follows . . .
QUESTION. My HOA does not post its CC&Rs, rules, meeting minutes, approved budget, etc. Our management company will not use an online portal because they said it opens us up to lawsuits because people with disabilities may not be able to access the portal. Can you please advise whether their statement is true? – Maia V.
ANSWER. No, it’s not true. I suspect your manager is not licensed to practice law. The Americans with Disabilities Act does not apply to homeowner associations unless it makes its facilities and services open to the general public.
Some associations post their governing documents online where the general public can see them. Others post them in a password protected area of the website open to members only. I recommend password protected access. You want your documents available to your members only, not the general public.
DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel. You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.