OCT 20 1992 The Honorable Porter J. Goss Member, U.S.

House of Representatives 2000 Main Street Suite 303 Fort Myers, Florida 33901 Attn: Jan Manriquez Dear Congressman Goss: This letter is in response to your inquiry on behalf of Stan Enebo, concerning applicability of the Americans with Disabilities Act (ADA) to his condominium community. Mr. Enebo writes that a homeowner has asked the Board of Directors of the Myerlee Gardens Condominium Association to remove speed bumps at the entrance to the residential area and golf course, because driving over them aggravates his back and neck problems. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist your constituent in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. The only provisions of the ADA that may apply to this situation appear in title III, which imposes certain obligations on "places of public accommodation." The Act lists twelve types of entities as places of public accommodation. Residential facilities are not among the twelve categories. Accordingly, the individual dwelling units in residential communities are not covered by title III of the ADA, and common areas and facilities in such communities are not covered where use is restricted exclusively to residents and their guests, and not open to the public. Likewise, assuming that the golf course and other complexes that are accessible only through the entrance with speed bumps are restricted to residents or members, and not open to the public, they are not covered by title III. cc: Records; Chrono; Wodatch; Mobley; McDowney; FOIA; MAF. :udd:mobley:congressionals:goss.letter 01-01610​

-2I hope this information is useful to you in responding to your constituent. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division 01-01611​ Condominium Association, Inc. 1351 MYERLEE GARDENS AVENUE, FORT MYERS, FLORIDA 33919 AUG 14 1992 Congressman Porter Goss 2000 Main Street Suite 303 Fort Myers, Florida 33901 August 13, 1992 Dear Congressman Goss: I am the chairman of the Myerlee Gardens Condominium Association. We are an Association with 210 units, here in South Fort Myers. Our streets and sidewalks and most of our facilities are readily access free for those with disabilities. We have one owner who has asked the board to remove the only speed bumps that we have that are at the entrance/exit to our complex. The past board and the membership has turned this down twice. Their main reason has been that this entrance/exit enters into the only road to the golf course and other complexes There is heavy traffic on this road and it could be a hazard if not for these speed bumps and the thru stop. The owner who has back and neck problems has gone around the speed bumps by going on the sidewalk. The board, two years ago installed a pipe on the edge of the sidewalk at the entrance/exit. The board felt that this driving on the sidewalk was not safe. The Federal Americans Disabled Act has now come into the controversy and we would like to have an opinion on this matter before the board acts. (see letter, pictures and layout)

The Association will appreciate any help to clear up this problem. Thank you, Respectfully, Stan Enebo, Chairman 01-01612​ (b)(6) August 4, 1992 Myerlee Gardens Condominuim Association 1351 Myerlee Gardens Avenue Fort Myers, Fl. 33919 Dear Board of Directors: I do not feel that the Myerlee Gardens Condo Association are within regulations with HUD and American Disability Act. At this time i can not go out or the complex without getting in and out of the car, and walking across the speed bumps. My back and neck are just too fragile to cross over the bumps. I have letters from two different neurosurgeons stating that any sudden jar or bump could cause more damage, with more surgery and long term problems with my back and neck. There is no way that I can drive my car in and out. If my family should have an emergency and I would need to drive my car I would not be able to do so. According to the disability act you are not in compliance with the law. Before someone had the pipes put in the sidewalks I could drive on the sidewalk and get out without crossing the bumps. The mailman does this all the time. I don't understand why the pipes were put in to obstruct the sidewalk like they do. If you and the other residents who live here want the speed bumps you could cut them down or make them longer so you don't have the sudden jerk that you do now. The bumps are hard on the car also. The new Disability Laws states that all person that are disable must have access to all places. I feel that I am being discriminated by not being able to have access to my own home. I have had to spend over $10,000 in doctor and hospital bill, because of the bumps. I am still under the care of a neurosurgeon, because of this problem.

Any help that you could give to me and my family would be greatly appreciated. I don't want to have to take legal action without giving the Condo Assoc. a Chance to correct this matter. I want to thank all of the board members for all their time working for all of The residents here in Myerlee Gardens. I am sure that no one realize the time spend for all of us. I feel that this board understand the needs of all the residents much better than any past board. Sincerely, (b)(6) 01-01617​ SOUTHWEST COMMUNITY RESOURCES 572 East Sixth Avenue Durango, Colorado 81301 (303) 259-1086 September 21, 1992 Office on the ADA Civil Rights Division U.S. Department of Justice Box 66118 Washington, D.C. 20035 Dear Office, Southwest Community Resources is a non-profit community-based organization providing housing-related programs and services in a fivecounty area of Southwest Colorado. Please send us any appropriate material which can provide us with guidance on how we can or must comply with the ADA. We also have some specific questions: 1. SCR rents its office space. It is a small house with one bathroom. We have a staff of 14. Are we required to convert our bathroom to be accessible. (This may not be possible.) If we adopt a policy which says that the organization does not have a bathroom available to the general public, would we still be required to make it accessible? 2. We are concerned about making sure that SCR has policies which FAX: 259-2037

clearly define how all our programs and services are available to persons with disabilities, including visual and hearing impairments. Could you send any sample policies that we might follow to ensure that we comply with the act? Thank you. Sincerely, Peter Tregillus Executive Director 01-01615