202-PL-386 Ms. Anna G. Trachtenberg Sayler Inc.

60 East Third Avenue #302 San Mateo, California 94401 Dear Ms. Trachtenberg: This letter is in response to your inquiry about the application of the Americans with Disabilities Act (ADA) to common areas within condominium and townhouse complexes. We regret the delay in responding. 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 you in understanding the ADA's requirements. However, it does not constitute a legal interpretation or legal advice, and it is not binding on the Department. Title III of the ADA does not apply to strictly residential dwellings. However, common areas within residential buildings or complexes, such as rental offices or club houses, that function as one of the ADA's twelve categories of places of public accommodation and that are not intended for the exclusive use of residents and their guests constitute "places of public accommodation" within the meaning of title III, and must comply with the ADA. Sales or rental offices, for example, are by their nature open to the public and would be considered service establishments within the meaning of title III. A club house, if not restricted to residents and guests, would be a place of public gathering covered by title III. The parking, entrances, access routes, and bathrooms serving the place of public accommodation would also be subject to title III requirements. cc: Records, Chrono, Wodatch, Magagna, Breen, Novich, MAF, FOIA Udd:Novich:Policy:386 01-02421​ I have enclosed the regulation promulgated under title III

of the ADA, which governs places of public accommodation, such as the common areas mentioned above, and commercial facilities. I hope this information is helpful to you. Sincerely,

Joan A. Magagna Deputy Chief Public Access Section Enclosure Title III regulation 01-02422​ SAYLER INCORPORATED Marketing/Design Consultants November 5, 1992 Office on the Americans with Disabilities Act Civil Rights Division U. S. Department of Justice Washington, DC 20530 Dear Official: This firm serves as design and marketing consultants to homeowner associations of condominiums and planned developments, and as such we are concerned about the applicability of the ADA. Can you please give me an answer to this question: Are condominium and townhouse developments covered by Title III of the ADA? It is not clear to me whether the common areas, clubhouse and recreational facilities of such developments would be considered "commercial facilities" and/or "places of public accommodation." (I assume that the individual units would not be

covered). What is your agency's interpretation on this? An early response would be much appreciated. Sincerely, SAYLER INCORPORATED Anna G. Trachtenberg 01-02423