Get 6 months of free community web site hosting from Community123.com!
Wednesday, September 03, 2014
HOA Websites by Community123.com (National Community Website Provider)
We built HOATalk and we'll build your community website for free!  Click here for information on a free trial website.
Community Associations Network (National HOA Reference Library)
News, articles and blogs about condos/HOA's
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Parking Spaces / Handicap
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
AndrewP1
(Pennsylvania)

Posts:9


12/07/2011 5:07 AM  
Hello All
I have a question about handicap parking spaces. Our HOA allows for all homes to have 2 parking spaces (all courts are on private property) We have a resident who is asking to have a visitor space turned into a handicap space for him. My suggestion was to give him that space but turn his space into the visitor space. He is doing this because it is closer to his home. I guess my question is are we bound by law to do this, if so is he responsible for the cost? I will work with anyone if they need the help but don't want to open a can of worms here. We have 200 units. Thanks
MikeS1
(Virginia)

Posts:456


12/07/2011 6:37 AM  
Is this Condo or Fee simple townhomes? When you say that all homes have 2 parking spaces (are these assigned to the resident as part of a parking plan?). Usually when each resident has two assigned parking spaces assigned, they are usually proximate to the residence. Need more info here.
MelissaP1
(Alabama)

Posts:4782


12/07/2011 6:38 AM  
Believe it or not, the HOA doesn't fall under the laws to make common areas handicap accessible. That's NOT to say common use areas such as clubhouses, recreational areas, or other HOA structures don't have to be accessible. They should have a handicap parking space available and/or ramps to the entrances. However, for private parking areas the rules don't apply. It can be a courtesy but not a requirement.

The costs for modifying spot should fall onto the owner IF the HOA approves those changes. The HOA's responsibility is to approve these changes. They may want to identify it as handicap to prevent others not handicap from using that spot. I just don't think it's a good idea to create a single handicap parking space especially if no one else is going to have one. What happens when that person moves? Sooner or later, your going to have more handicap parking than regular parking. Once you allow one spot someone else will jump in.

Former HOA President
AndrewP1
(Pennsylvania)

Posts:9


12/07/2011 6:45 AM  
Ok maybe a little more info is needed. When I said everyone has 2 spaces I should have said they have 2 spaces that are assigned to their address (1 space if you have a garage)We also have visitor spaces. We will just exchange one of his assigned spaces with a visitor space. It will also be stipulated that in the event he moves the spaces would revert back to the original configuration. I know this all seems petty but if you ever served on a board which I am sure you all have you know what I mean. Thanks for all your input.
JeffR7
(California)

Posts:251


12/07/2011 7:33 AM  
Andrew, why worry about a handicapped space? Why can'you just assign a space that is the closest to his house and make one his current one a guest space. That, to me, would be a reasonable accommodation for his disability and minimize any troubles for the HOA
AndrewP1
(Pennsylvania)

Posts:9


12/07/2011 7:44 AM  
That is exactly what I wanted to do. The reason we were talking about marking it as a handicap space was to eliminate other residents requesting to move their spaces also. Thanks
MikeS1
(Virginia)

Posts:456


12/07/2011 9:03 AM  
Folks use the term "HOA" loosely, but if this was a COA, it falls under "reasonable accomodation" and the COA MUST make the change for the resident. That's why I just wanted to clarify that this is not a condo association. If this is just an HOA,... different story.
JeffR7
(California)

Posts:251


12/07/2011 11:29 AM  
Mike, how is this different from any HOA. Any HOA must provide reasonable accommodation for people with disabilities.

Andrew, by making it a designated disabled space you'll have other owners requesting the same. This way you can make it clear that this is an accommodation and others with similar condition may request the same.

MikeS1
(Virginia)

Posts:456


12/07/2011 11:54 AM  
Our community and our attorney has been to this movie - When we already assign one space closest to their home, who can we accomodate them any better. One of our residents had two spaces very close to his home and wanted another, additional HC space. Condos, appartments and commercial are treated differently than HOAs.
JeffR7
(California)

Posts:251


12/07/2011 1:35 PM  
Mike, Condos and HOA are treated exactly the same for the purposes of Fair Housing. In fact Fair Housing apples to ANY housing provider including apartments, condominiums, associations of single family homes, etc. Commercial spaces are different because they are not housing providers but public access spaces and they fall under ADA, not Fair Housing.

MikeS1
(Virginia)

Posts:456


12/08/2011 5:44 AM  
Not.
BruceF1
(Connecticut)

Posts:2469


12/08/2011 7:27 AM  
Andrew,

The attached document (link below) issued by The Department of Housing and Urban Development and titled, "Reasonable Modifications Under the Fair Housing Act," should answer all your questions. The document includes several questions and answers, with examples, that describe most situations.

In particular:

Question 2, "What is a reasonable modification under the Fair Housing Act?" states, in part, "Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas."

Question 8,"Who must comply with the Fair Housing Act’s reasonable modification requirements?" states, in part, "Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services."

Question 11 appears to apply to your question in particular:

"Is a request for a parking space because of a physical disability a reasonable accommodation or a reasonable modification?"

"Courts have treated requests for parking spaces as requests for a reasonable accommodation and have placed the responsibility for providing the parking space on the housing provider, even if provision of an accessible or assigned parking space results in some cost to the provider. For example, courts have required a housing provider to provide an assigned space even though the housing provider had a policy of not assigning parking spaces or had a waiting list for available parking. However, housing providers may not require persons with disabilities to pay extra fees as a condition of receiving accessible parking spaces."

"Providing a parking accommodation could include creating signage, repainting markings, redistributing spaces, or creating curb cuts. This list is not exhaustive."

However, I would say the individual should be allowed only one such space, and, if each unit has two assigned spaces, that individual would not be permitted two assigned spaces plus the handicapped accessible space. In other words, the individual would have to lose one of the two presently assigned spaces. Also, I don't believe there would be any requirement that the handicap space and the other assigned space be adjacent to each other, unless you choose to do so as a courtesy.

I would advise marking the space as a handicap space so that it is known that the space was created for a specific purpose and not merely to accommodate a request just to relocate an assigned parking space. You should also assign it to the unit so that handicapped visitors don't attempt to use the space.
BruceF1
(Connecticut)

Posts:2469


12/08/2011 7:28 AM  
Andrew,

Sorry, I left out the link to the document. Posted below:

Attachment: 1128282314771.pdf

MikeS1
(Virginia)

Posts:456


12/08/2011 1:29 PM  
"involved in the provision of housing and residential lending".
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Parking Spaces / Handicap



General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement