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DISABILITY DEFINED

The Davis-Stirling Act defines disabled as: blind, visually handicapped, deaf, or physically disabled. (Civ. Code § 4760) Federal statutes have a broader definition to mean a physical or mental impairment that substantially limits one or more major life activities but does not include current, illegal use of or addiction to a controlled substance or being a transvestite. 

"Major Life Activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (24 CFR § 100.201.)

The courts look to whether someone's condition substantially limits a major life activity in its corrected condition. Therefore, someone who is legally blind without glasses is not disabled if they are are fitted with glasses.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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