Disability Defined
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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 not impaired if they were to be 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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