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Are Community Associations Required to Provide Deaf Interpretation at Association Meetings?

An issue came to my attention recently wherein a deaf co-owner requested that the condominium association provide an interpreter at their annual meeting. The condominium association replied that the co-owner should be required to provide her own interpreter. Who, if anyone, is ultimately required to provide deaf interpretation at community association meetings? The short answer is that both may be required to pay for deaf interpretation services.

The Fair Housing Act (FHA) requires that housing providers meet the reasonable accommodation requests of individuals when the requests relates directly to their disability. While the Fair Housing Act defines a housing provider as a landlord or entity that provides the homeowner with the dwelling, the 2004 Joint Statement of the Department of Housing and Urban Development and the Department of Justice indicate that court interpretation of a housing provider is much broader. “Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services” (HUD, DOJ, 2007.)

Moreover, the term “reasonable accommodation” is often defined differently based on the individual and the circumstance. Based upon the various definitions that one can conclude, any condominium and community association should consult with a knowledgeable condominium attorney if such an issue is raised in their community.