You asked several questions regarding private lake associations, which we answer in order.

How can a person force a lake association to maintain roads within its jurisdiction?

It depends on whether the association's charter, by-laws, or other governing documents require it to maintain the roads. If so, the individual who is a member of the association may be able to sue the association on breach of duty, breach of contract, or related grounds. On the other hand, if the governing documents merely allow it to maintain roads, it does not appear that the individual would have recourse unless the association's failure to provide maintenance constituted negligence.

Does the Americans with Disabilities Act (ADA) apply to property owned by an association?

It depends on whether the property is considered a “place of public accommodation” under the act (ADA also has other provisions dealing with education, transportation, and employment). Title III of the ADA prohibits discrimination based on disability in public accommodations. Private entities covered by title III include, among others, establishments serving food and drink, public gathering places, service establishments, social service centers, and places of exercise or recreation. However, private clubs and religious organizations are exempt from the ADA's requirements for public accommodations.

Under the ADA, a public accommodation may not discriminate against an individual with a disability in the operation of a place of

public accommodation. Individuals with disabilities may not be

denied full and equal enjoyment of the "goods, services, facilities, privileges, advantages, or accommodations" offered by a place of public accommodation. The public accommodation must remove architectural, communication, and transportation barriers to the extent that it is readily achievable to do so; and it must ensure that all new construction and alterations comply with the accessibility standards established in the ADA regulations. A U. S. Department of Justice website, http: //www. usdoj. gov/crt/ada/adahom1. htm, addresses a wide range of issue concerning the ADA.

How can an association be dissolved? What are the notice requirements that apply to the association?

It depends on whether the association is incorporated. If it is not, the dissolution procedures and notice requirements, if any, would be specified in the association's governing documents. If the association is a non-stock corporation, it would be governed by CGS § 33-1035 et seq. CGS § 33-1170 et seq. specify dissolution procedures for such corporations, which vary depending on whether the dissolution is voluntary or not. The law also imposes a variety of notice requirements regarding the merger or dissolution of the corporation, various types of meetings, and sale of the association's assets.

Can an association impose taxes?

No, but it can charge fees and dues.

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