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
Answered
  • Real Estate Law Lawyer
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Yes you need to comply with the ADA

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