Philadelphia, PA asked in Real Estate Law and Land Use & Zoning for Pennsylvania

Q: Do sidewalks in an HOA community, with main streets dedicated to the township, need to be ADA compliant?

I live in an HOA community where main streets are owned by the Township. I am responsible for maintaining the sidewalk in front of my property. Between the sidewalk and the street is a 4' strip of grass considered common area where the developer planted street trees. These trees are 15+ yrs old and the roots are causing the sidewalks to heave. The only way (I can determined) to solve the 4" rise (between slabs), is to make a ramp with cement fortified with a polymer, which will allow for some movement (more root growth) and can be added on to in the future. So that is what I did. Replacing the slab would involve cutting a main tree root and cause it to die. I would be responsible for replacement and fined if my repair caused the tree to die. The Township said my sidewalk fix is not ADA compliant and to replace the slab. My HOA community is not public space, sidewalk doesn't lead to a public space - nor are there any public facilities in our community. Do I need to comply with the ADA?

1 Lawyer Answer
Elizabeth Tarasi
Elizabeth Tarasi
  • Real Estate Law Lawyer
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Yes you need to comply with the ADA

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.