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Subject: Handicapped Parking
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Author Messages
JillS8
(California)

Posts:97


04/20/2021 7:57 PM  
We are a small California HOA with 30 homes. We have no common area buildings or parking areas or parking stalls. We do have a no parking on the street from 2:am - 5:00am rule that has never been enforced in the 20 years I have lived here. The board now wants to enforce this rule.
the Vehicle Code (section 22311.5) states "a disabled placard allows you to park for unlimited periods in ANY space that is restricted as to the length of time parking is permitted."

would the above include private streets of an association?
MaxB4
(Maine)

Posts:214


04/20/2021 8:04 PM  
Posted By JillS8 on 04/20/2021 7:57 PM
We are a small California HOA with 30 homes. We have no common area buildings or parking areas or parking stalls. We do have a no parking on the street from 2:am - 5:00am rule that has never been enforced in the 20 years I have lived here. The board now wants to enforce this rule.
the Vehicle Code (section 22311.5) states "a disabled placard allows you to park for unlimited periods in ANY space that is restricted as to the length of time parking is permitted."

would the above include private streets of an association?



As long as the space is not entitled to another owner and is not in a tow away zone such as at rush hours and those spaces are used as an additional driving lane. Other than that placards rule the day.
TimB4
(Virginia)

Posts:17599


04/20/2021 8:20 PM  
Jill,

With private roads, the board has the right to enforce parking restrictions.
Note: parking restrictions should be in the covenants, vs. a resolution (common area rule).

However, under the fair housing act, reasonable accommodation would also have to be allowed.

Expecting that you would have to allow the vehicle with the placard park on the street, you may find that many will see this as selective enforcement on others. Of course, it's not selective enforcement, but that could be the perception. Therefore, the board may need to educate the membership prior to enforcement.

In addition, per your posting, the rule/covenant hasn't been enforced for 20 years.
If someone were to challenge the enforcement in court, the Association could end up having that rule nullified by the court.

If this has helped muddy the waters, the board may want a legal opinion before starting enforcement.
CathyA3
(Ohio)

Posts:1888


04/21/2021 6:29 AM  
I agree with the previous comments. Educate the community first, it will save the board some trouble if people know what's coming. And as Max and Tim said, Fair Housing laws require "reasonable accommodations" which could include parking in the street even if the HOA's CCRs forbid it. You'd think most people would understand this by now, but a surprising number don't.
AugustinD


Posts:313


04/21/2021 6:31 AM  
JillS8, that your HOA Board would consider issuing a parking citation in this instance to someone with a (not so easy to get) handicapped parking placard disappoints. I think whatever the HOA has to pay the HOA attorney to educate them on basic fair housing law would be worth it.
JohnC46
(South Carolina)

Posts:10952


04/21/2021 10:22 AM  
Jill
Aside from on the street parking, what other parking is there? Driveways, etc.
JillS8
(California)

Posts:97


04/21/2021 10:47 AM  
Large driveways but very steep whereas the street is flat and more manageable for this owner
KerryL1
(California)

Posts:8018


04/21/2021 4:19 PM  
No garage for the resident that gives her easy access to her home?

Anyway, I just wanted to add that if your Board meets on this topic, it must be in executive session. And it's not solely that she show proof with doctor's note and disabled placard. She, it your Board isn't sure, must also show that street parking accord dates her better than and option on her property (garage?)

gree with other that a little light education will be a good idea.

CathyA3
(Ohio)

Posts:1888


04/22/2021 5:38 AM  
Posted By KerryL1 on 04/21/2021 4:19 PM
No garage for the resident that gives her easy access to her home?

Anyway, I just wanted to add that if your Board meets on this topic, it must be in executive session. And it's not solely that she show proof with doctor's note and disabled placard. She, it your Board isn't sure, must also show that street parking accord dates her better than and option on her property (garage?)

gree with other that a little light education will be a good idea.





That was my first thought too: what's wrong with the garage? If it's a one-car garage and the owner has a large van that they need to get a wheelchair into and out of, the garage may not work. It also may not work if the garage is big enough but filled to the brim with junk, in which case I'd be giving this a little side-eye. It's also possible that parking on the driveway won't work for some reason (violation of CC&Rs? worried that the vehicle will roll into the street?).

I'm trying to think why having to climb up what's sounds like a step grade from the street is in any way a better solution or a "reasonable accommodation" for someone who is disabled. There are plenty of able-bodied folks who would want to avoid that.
BenA2
(Texas)

Posts:872


04/22/2021 7:03 AM  
I'm not familiar with Ca law but based on your quote of the code, that law applies to time limits, not times. If it said, "30 minute limit" someone with a handicapped tag could park for an unlimited time. If it says no parking from 2am to 5am then you cannot park there during those times even with a handicapped tag. I was in law enforcement in Virginia and they had a similar law.

Whether or not the law applies to private roads depends on Ca law. In most states, I believe, handicapped parking laws apply on private property that is open to the public, e.g. shopping centers. As someone else mentioned, if it's private and not a problem, you can choose to allow it.
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Forums > Homeowner Association > HOA Discussions > Handicapped Parking



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