42 U.S.C. §12182
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ADA Title III — Public Accommodations

Prohibits discrimination on the basis of disability in places of public accommodation. Applies to condo and HOA common areas that serve as places of public accommodation (pools, clubhouses).

Status Active
Verified Aug 5, 2026

Reviewed · Federal changes feed

Statutory Text Verified Aug 5, 2026 · OTHER
Quick search by citation: 42 U.S. Code § 12182 - Prohibition of discrimination by public accommodations prev | next (a) General rule No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. (b) Construction (1) General prohibition (A) Activities (i) Denial of participation It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity. (ii) Participation in unequal benefit It shall be discriminatory to afford an individual or class of individuals , on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals. (iii) Separate benefit It shall be discriminatory to provide an individual or class of individuals , on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others. (iv) Individual or class of individuals For purposes of clauses (i) through (iii) of this subparagraph, the term “ individual or class of individuals ” refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement. (B) Integrated settings Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual. (C) Opportunity to participate Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different. (D) Administrative methods An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration— (i) that have the effect of discriminating on the basis of disability ; or (ii) that perpetuate the discrimination of others who are subject to common administrative control. (E) Association It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the …
Enforcement
Ref Requirement
(a) If an HOA opens its clubhouse, pool, or fitness center to non-residents — even occasionally, by rental or membership — that facility becomes a public accommodation and must comply with ADA accessibility rules.
(b)(2)(A)(iv) For HOA common spaces that count as public accommodations, the association must remove physical barriers (steps without ramps, narrow doorways, inaccessible restrooms) when doing so is reasonably affordable and feasible.
Legal references last verified August 5, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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