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Subject: Handicapped Parking - Required in Florida?
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RobertH37
(Florida)

Posts:3


11/17/2018 10:57 AM  
Greetings to Everyone -

I've a question, when I first moved into our Condominium Community in Saint Petersburg, Fl we had two 'handicapped parking spaces', it was decided by the president of our HOA that we would no longer have or provide handicapped parking. So the president had all signs taken down and then the handicapped emblem on the pavement was sprayed over with black paint...

When questioned on the legality of this the answer was given that because our community is on 'private property' that we were not required to have handicapped parking at all... This seems alittle strange to me in that aren't most all condominiums located on private property?

How/where can I find the clear answer on this subject...

Thank you so much in advance for your answers...
LetA
(Nevada)

Posts:678


11/17/2018 11:31 AM  
There are allot of variables, yes it is private property and the ADA has no play in the game. You might want to see what HUD or the FHA has to say.
Design of your complex is sometimes a factor. Are your parking spaces assigned? Even if there are handicapped spaces, people can legally use them with the proper placards. What are you trying to accomplish? assigned handicapped parking? a space wide enough to accommodate a vehicle with a ramp?
RobertH37
(Florida)

Posts:3


11/17/2018 11:48 AM  
I do appreciate your getting back to me with some valuable information to get me started... Yes, all parking in the complex is assigned parking with the two handicapped spaces that were removed now being guest parking. We are not looking for 'assigned' handicapped parking but whether we should be providing handicapped parking as per the State Of Florida... Maybe Florida has no rules on it at all and if HUD OR FHA don't either then it is a non issue...
KerryL1
(California)

Posts:6350


11/17/2018 12:18 PM  
Have you looked up handicap parking requirements for condo projects in FL online?? I don't think it'll be hard to find. Meantime, some kind FL posters might be willing to look these things up for you.
RoyalP
(South Carolina)

Posts:707


11/17/2018 12:52 PM  
https://www.tcpalm.com/story/money/real-estate/2017/07/30/condo-associations-required-allocate-handicap-parking/486490001/

"..... However there is not a federal or Florida state law which require a condominium association to pre-mark and allocate a specific number of parking spots for handicap persons, as you customarily see in places of public accommodation or in federal or state official buildings. The reason is because places of public accommodation, so as those described above, are subject to the American with Disabilities Act (“ADA”). Condominium associations do not qualify as places of public accommodation, and therefore are not subject to the requirements of the ADA. However, condominium associations are subject to the Fair Housing Act (“FHA”), which prohibits discrimination in the providing and use of housing based, in part, on an occupant’s disability.

A disabled person may claim the protections of the FHA by establishing that he or she has a “disability” and, that as a result of that disability, he or she has a need for the condominium association to provide a reasonable accommodation, so that the disabled resident will have an equal opportunity to enjoy and use the unit. What amounts to a qualifying “disability,’ under the FHA is defined therein, and may be determined based on the physical manifestations of the residents condition, such as a resident who is blind, or through a letter from a qualified health care professional, such as where the disability relates to a mental health matter. ....."



https://www.hoaleader.com/public/511.cfm

"..... In Florida, handicapped parking spaces are required in associations," says Robert White, managing director of KW Property Management & Consulting ....."


in general

For the most part, condominiums are privately owned residential real estate. As such, they are not subject to the same laws (like the Americans with Disabilities Act or ADA) that require public places to offer handicapped parking accommodations. That’s why you’ll always see plenty of handicapped parking at shopping malls, sports complexes, restaurants, etc… Condominiums parking lots are generally built to reflect the needs of the intended residents. That doesn’t mean they don’t need to take into consideration request for handicapped parking from residents who ask but they may not be legally bound to provide it. For instance, if all of the units within a complex come with two assigned parking spaces, a handicapped space may not be required because the unit already has assigned parking. If the parking lot was for general use and had no assigned parking, a resident could request the Board to designate handicapped parking closer to the building. While the Board may not be under any direct law to provide the parking it would have to review the request and then try to make “reasonable accommodation” or come with a pretty good reason why it couldn’t. The Federal Housing Administration (FHA) might step in if they were contacted with a report of a handicapped person being denied any parking at a condominium but only if there were no assigned parking spaces and the Board flatly denied addressing the concerns of a resident who requested the handicapped space.

Some states have their own laws regarding parking and handicapped access. Check to see if your state has Fair Housing requirements that your condominium must comply with. If not, you may be on your own. Certainly most associations will do their best to honor the request. However, due to the nature and general lack of available space for parking, it is not always practical for them to do so. Good luck!

CarolF
(Florida)

Posts:417


11/17/2018 12:56 PM  
Is there anything like a large recreation or meeting room, gym or swimming pool that is rented out
for lessons of to outside groups?
KerryL1
(California)

Posts:6350


11/17/2018 1:13 PM  
How is it that the president ALONE has the authority to remove this handicap parking? Generally the board as a whole would have to vote on this.

If these spaces were originally part of the development and are common area, it's possible that the Membership (owners) needs to vote on removing these from the com the common area.

RobertH37
(Florida)

Posts:3


11/17/2018 5:29 PM  
Royal IP -

I thank you greatly for all of the information you have taken the time to provide me with the subject of handicap parking... I believe this information has answered my every question and so will be making decisions based on your information... You have given me a huge amount of knowledge to check into further and a very good advance into the subject...

Thank you so much...
GenoS
(Florida)

Posts:2897


11/17/2018 7:01 PM  
Robert you should check the original site plans for your condo. I'm in an HOA so it might be different, but the original 30-yr old site plans for my subdivision were rejected by the county for lack of enough handicapped parking spots. The developer had to alter the plans to plainly include the county-mandated number of handicapped parking spots and only then were the plans approved.

Similarly, the president early this year wanted to designate another 4 spots near our mail house on her own say-so. There was enough pushback from people so that she withdrew her idea. Our docs don't give the board the authority to change anything about parking in the community's common areas.

Good luck and I really think the county will be interested in your re-configuring of handicapped parking spots.
MarkM31
(Washington)

Posts:443


11/17/2018 9:24 PM  
Posted By KerryL1 on 11/17/2018 1:13 PM
How is it that the president ALONE has the authority to remove this handicap parking? Generally the board as a whole would have to vote on this.

If these spaces were originally part of the development and are common area, it's possible that the Membership (owners) needs to vote on removing these from the com the common area.





The President isn't supposed to decide anything. He runs the meetings and either the board or the whole makes the decisions by a vote.
KerryL1
(California)

Posts:6350


11/17/2018 11:03 PM  
Oh, I agree with you, Mark. I was asking Robert.

Geno elaborates on another question I had.
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Forums > Homeowner Association > HOA Discussions > Handicapped Parking - Required in Florida?



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