TS Today - Creating a Vision for the Future of Vacation Ownership Issue #142, Jul/Aug 2015

GREETIN FROM GS day Page 40 7ZRGLIIHUHQW¿[HVIRURQHSURSHUW\7KH ODYDWRU\FRXQWHUDERYHKDVDQRSHQFOHDU IRUZDUG DSSURDFK NQHH DQG WRH VSDFH 7KH YDQLW\ EHORZ UHTXLUHV PDLQWHQDQFH WRUHPRYHWKHVKHOIMXVWOLIWVXSDQGDGG WKHSLSHZUDSZKHQWKHURRPLVWREHRFFXSLHGE\DSHUVRQZLWKDGLVDELOLW\ have one, written in good faith, it might protect you from lawsuits—especially those initiated by “serial plaintiffs,” people ZKR¿OHODZVXLWVDVDFDUHHU If you look like an easy target because your curb appeal shouts, “We don’t know anything about ADA,” you will end up paying their attorney and expert-witness IHHV SODLQWLII FRVWV DQG FRXUW ¿OLQJ FRVWV even if you settle out of court. This could be $20,000 at the low end and possibly $100,000 or more. What’s more, you have your own attorney to pay, and you haven’t even started to remove any of the barriers. Don’t let your property be their victim. Be proactive (even though you may be starting late) and take control. Preparing Your Plan &ORVHWZLWKDGMXVWDEOHKDQJLQJURGVDQG VKHOYHV DQG DFFHVVLEOH VDIH 7KH LURQ PRYHVWRDORZHUVKHOIZKHQQHHGHG 6HFRQG&ORVHW If your property was in existence on July 26, 1990, the ADA requires that you should have removed any “readily achievable” barriers by January 26, 1992, or developed a plan to remove them if you were QRW ¿QDQFLDOO\ DEOH WR FRPSOHWH WKH EDUrier removal by January 26, 1992. If your property was built after July 26, 1990, you still have requirements to remove readily achievable barriers. If your property was constructed for ¿UVW RFFXSDQF\ DIWHU 0DUFK LW should have been designed under both the Fair Housing Amendments Act design guidelines and the ADA, and more than likely it also has barriers to remove. Perhaps your design professionals can provide assistance in making those corrections. Add them to your plan team. What does such a plan look like? It is simply a list of features at your property which don’t comply with the ADA. Some of the items will be easy (readily achievable) to correct; others may not be. They may be technically infeasible or structurally impracticable to correct, so maybe you do something else. You need to identify each noncompliant feature and determine if it can be corrected, and how the correction might be performed. Finally, provide a date to complete the work and who is responsible for making the correction happen within your organization. It is as simple as that. The hardest part? Identifying the noncompliant features. You need to know what to look for. That’s where the training from Jul/Aug, 2015 the ADA Centers or other experienced organizations comes into play. The ADA Center also may assist you LQ¿QGLQJORFDORUJDQL]DWLRQVRIIRUSHRSOH with disabilities who can help you identify SUREOHP DUHDV DQG FUHDWLYH ¿[HV IRU WKH non-compliant issues. Maybe you can offer WKHPDQLJKWRUWZRDVDUDIÀHSUL]HIRUWKHLU fund-raising projects, or a donation to their organization in appreciation for their assistance. You will learn so much in so many ways from this team-building exercise. Do What You Can If you have money problems, look for creative ideas. If you absolutely cannot modify your guest rooms for wheelchair access, you can still modify them for persons who are deaf or hard of hearing. Do what you can, as soon as you can, the right way for your property. This may be different than the property down the street—and that is okay. Now that you understand your obligations, you must “stop t H

TS Today - Creating a Vision for the Future of Vacation Ownership Issue #142, Jul/Aug 2015 | Page 40