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HOA - Reserving Handicapped for one individual?

Started by MarcieO • 5 replies • 2023 views

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MarcieO (California)
Posts: 2
Posted:
We received an email from our HOA requesting us to exchange one of our two reserved spots for a handicapped spot on our property. I am permanently disabled & park in the handicapped spot because it is closer to my building. It is my understanding (I could be worng) you cannot reserve a handicapped space as they are a 'first come first serve' public parking space. This space is not in guest parking but at my building that holds 12 condo units (I live in the only handicapped unit). By making the handicapped spot a reserved spot are they not breaking Federal/State and/or ADA Law?

You can not stop another individual with a valid placard or license plate from parking there too. It is my understanding to make the spot reserved they would have to remove all markings designating it is a handicapped spot. Thus defeating the purpose of a handicapped spot. In addition then they would have to take another spot & make it handicapped to comply with ADA Law?

No where in our CCR's does it state that they can designate a handicapped spot as reserved. In addition they can not make us exchange or give up one of our reserved spots. They do state that if we do not park in our reserved spot (i.e. park in guest parking) we can be fined. But the handicapped is not in guest parking. We also as owners have the right to have other cars towed out of our reserved spots. If they reserve it for me & I come home to another car in that spot, I would not have the right to have it towed. The towing company told us that they would not be able to tow because the car is legally parked there.

Anyways long story short I would like to know if anyone has been in this situation and/or knows what to do. Thank you in advance for your advice and suggestions.
GlenL (Ohio)
Posts: 5,491
Posted:
I would write a polite letter to the Board outlining exactly what you have stated and ask them to provide in writing exactly what gives them the authority to do such a thing. I would also tell them that you would prefer to handle it in-house before you file a formal complaint with HUD.

I do hope however you can see the Boards point; you have effectively commandeered a third spot and I imagine they are getting flack from your neighbors who only have two spots.
Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
I would write a polite letter to the Board outlining exactly what you have stated and ask them to provide in writing exactly what gives them the authority to do such a thing. I would also tell them that you would prefer to handle it in-house before you file a formal complaint with HUD.

I do hope however you can see the Boards point; you have effectively commandeered a third spot and I imagine they are getting flack from your neighbors who only have two spots.
Studies show that 5 out of 4 people have problems with fractions
MarcieO (California)
Posts: 2
Posted:
Thank you Glen for your reply. I have done as you said and wrote a letter to the HOA. They said they will do the research needed & get back to me if they find it in the CCR's.

I guess my question is .. is it legal to assign a disabled/handicapped parking spot to one individual? If this possible & we are willingly exchange one of our spots. What stops another disabled individual with a legal placard or license plate from parking there? The tow company said they would not come. So where then would I park? I would be town if I park in anyones elses spot or guest parking. That leaves me in a tough spot.

GlenL (Ohio)
Posts: 5,491
Posted:
Marcie do you need the handicapped spot or just a closer spot to the door? As a comprise the Board may be willing to move your designated spaces closer. Now this might upset your neighbors who currently have the spots but most people are willing to be reasonable if approached right.
Studies show that 5 out of 4 people have problems with fractions
DonnaS (Tennessee)
Posts: 5,671
Posted:

Marcie,
Yes the association can assign a handicapped spot within a private community. It is PRIVATE, not open to the public and assigned parking spots are normal behavior. Your Board is misinformed that they must not be assigned. They may need to reassign all of the spots in order to accomodate a space for every handicapped unit and allow for a handicapped non owner space.

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