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