QUESTION: If an association has a member who is deaf, is the association required to provide a sign-language interpreter at its board meetings and annual meetings?

ANSWER: There does not seem to be a clear answer to this question but probably not. What is clear is that associations must reasonably accommodate disabilities. If a hearing-impaired member wants to bring an interpreter, the board must allow it. If membership meetings are held in a public venue where members of the public can attend, the HOA could be required to provide a sign-language interpreter.

Other Considerations. If meetings are not open to the public (most HOA meetings are not), the Federal Fair Housing Act and California's Unruh Act could still take into account the size of the association's budget as a factor in whether an HOA should provide an interpreter so as to "reasonably accommodate" the disability. If the cost of an interpreter is not a financial hardship on an association, disability rights organizations may argue that an HOA must pay for the service.

RECOMMENDATION: Even though there may be no clear legal authority for requiring a private organization to provide a sign-language interpreter, boards should consult legal counsel when faced with issues of reasonable accommodation for the disabled.