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RickR1 (California)
Posts: 37
Posted:
Hi again. We had a request of a handicap spot in front of a home owners condo recently and had a few questions. First off, we have about 50 condo, 4 combined in one building. The buiding face each other so there are 8 parking spots(in front of the garage), 4 per side. Also, there are two at the end of the buildings where anyone can park. As you can see, the parking is horrible and tight. It forces you to use your garage and the one spot in front of your garage.
Well, one neighbor has a large truck that can't fit in his driveway and the end sticks out, blocking whoever is in one of the end spots(1 of 2). He basically told me this as he requested a handicapped space in front of his condo, one of the two spots I just described that he 'blocks' in with his truck.

We currently have two Handi spots for the units required by the county but nowhere near him. Despite the above info, what routes do we have to do if someone 'does' request a spot. He does have a plate on his truck and his wife is handicapped.(litle trouble walking)

I originally told him, off the record, that he had two very close spots to park in. The one in his garage and the one in front of his garage. This because like most everyone here, they want to snagg the third parking spot for themselves. But with this one, he might have a valid claim.

Also, how do you feel in telling the neighbors with large trucks to sell them so they do fit in the garage.(a large cause for all of the parking problems here.

Any info will help.

rick
GlenL (Ohio)
Posts: 5,491
Posted:
Rick, I'm not an attorney so this is not legal advise. Under the Fair Housing Act of your state, you may need to make "reasonable accommodations" for handicapped homeowners. The question becomes what is reasonable? Do they require the large vehicle because it has a wheelchair lift? This is definitely a question for your attorney as doing the wrong thing could cost your association big bucks.

As far as asking others to sell their vehicles, if they were banned in the original Declarations, you might have a shot. If they were banned by an addition to the Declarations you would probably have to "grandfather" in the existing vehicles. And if you simply want to ask people to get rid of their vehicles because it would make things easier, good luck. If their vehicles block the common elements by hanging over the sidewalk it might be a violation that they can be ticketed for.

Studies show that 5 out of 4 people have problems with fractions
CharlesW1 (Georgia)
Posts: 826
Posted:
RickR1
I have read and re-read your post many times. I still don’t quite understand your predicament completely. I maybe just ā€œthick headedā€ Apparently Glen understands your situation. I hope his advice helps you.
Let me explain to you; Please tell me ā€œifā€ how I’m interpreting this is correct? First! Your condo does seem rather small, I’ll agree with you there. You say ā€œwe have about 50 condo, 4 combined in one buildingā€ This maybe irrelevant to your situation but it will help me to comprehend your situation, I believe. How many buildings are there? You have 50 condos total? There are four combined in each building? You currently have two handi-cap spots, both of which are not useful for him to park in (too far away)
Each unit is given a garage and a parking spot in front of their condo.

He has requested that you dedicate a parking spot in front of his condo for handi-cap parking only? Apparently his truck doesn’t fit in the garage? I’m assuming not if he continues to park in the spot out front of this condo (blocking a spots)
OK, so right now he currently is parking in a spot which is blocking one of the two available spaces at the end of the building, right? Leaving his garage and, the one spot in front of his own condo empty. He feels there should be a handi-cap parking position made for his truck? Where would this designated handi-cap spot be? Wouldn’t it continue to block other parking spots regardless of where he parks?
Why couldn’t you delicate the spot in which he is blocking a handi-cap spot? He has been parking right next to this spot all this time, apparently that isn’t to far away for him or his wife.
I would say then, the spot in front of his house would now be available parking just like the spot he has currently been parking in.
I hope I’m making sense of this all.

I’ll be reading along for better clarification.

Best of luck with all of this
Chuck W.

Charles E. Wafer Jr.
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By GlenL on 12/09/2006 9:31 PM

Rick, I'm not an attorney so this is not legal advise. Under the Fair Housing Act of your state, you may need to make "reasonable accommodations" for handicapped homeowners. The question becomes what is reasonable? Do they require the large vehicle because it has a wheelchair lift? This is definitely a question for your attorney as doing the wrong thing could cost your association big bucks.


Yes, consult your attorney as soon as possible and before you do anything. Don't even discuss it with him until you do. Handicapped people have a lot of protections under the law and you're far better off accomodating him than having him sue you.

BTW: Handicapped plates and stickers are issued to people with medical problems other than walking ability. Heart and breathing problems for example. And remember - it's the one minority group that you can join - in an instant.


Ron
SC
RickR1 (California)
Posts: 37
Posted:
Sorry about the confusing post but Charles, in the second half of your mesage, you got it right.
The spot in front of his condo, one of two that sit side by side, is available for anyone to use.
Here is a link to our condos.

http://www.capitalpacifichomes.com/neighborhood.aspx?CommID=118#

Click on the right hand side at "Map of Community."

We are the ones on the white at the top center of the map. You see the little 'u' shapped objects, thoes are actually the condo buildings that run , side by side, north to south length ways. Garages face each other. hope this help instead of confusing more.

The two parking spots are at the end of the buildings that face the street. If he parks in his driveway, he will block in whoever parks in this spot. So he doesn't want to 'block' anyone in and wants a parking for handicapped here for his use all of the time. I will have to consult a lawyer on this one.
Can we make the handi. spot for visitors only? Put them on the street because of the horrible, tight spaces inbetween the buildings now?

rick
CharlesW1 (Georgia)
Posts: 826
Posted:
Rick,

It kind of helped, although you did throw me through a loop when you said to look in the right hand corner. I look there and couldn’t find anything. I continued looking and I spotter ā€œmap of communityā€ on the left!

So his driveway isn’t long enough to hold his truck. He parks in another parking spot which then he is blocking someone else in right!?

There is one thing I’m unsure of; you asked if ā€œCan we make the handi. spot for visitors only?ā€ Please explain to me the reason why making the handi-cap spot visitor only helpful, to him, you or the community? I may not understand you completely. The problem still remains that he doesn’t have any place to park unless he blocks someone in or his truck sticks out of his driveway. The third option being that he parks in a handi-cap spot really far away. (Which I wouldn’t even do)

I’m hoping that the clarification you have provided me helps others to give you some suggestions and advice.

They have always come through for me.

Best of luck to you
Chuck W.

Charles E. Wafer Jr.
ShawnF (Georgia)
Posts: 1
Posted:
I'm pretty sure that if his regularly assigned space(s) are handicapped accessible, that no further space would be required to be assigned. However, if his spaces are not handicapped accessible, then, should there be spaces, the accomodation must be made and one turned into a handicap space. I'm a little confused as to if his regular spaces are assigned open spaces, or directly related to his garage... should those spaces be space where someone else could park (and they are not handicap accessible), you should be able to trade his assigned space for one which is more easily used for handicap.

If you search around on the web, there's a few supreme court cases with situations like this where handicap people have sued their associations to try to claim additional handicap spaces in addition to their regularly assigned spaces.
BrianB (California)
Posts: 2,820
Posted:
i am leanin towards Shawn's answer... If he has a driveway and garage of his own to park in, then no, he doesn't get a special handicap spot too. he can park in his own property. If his truck is too long, too large, etc., that's his problem. he should have thought of that when he bought.

If he doesn't have parking privilege in his own areas, then the handicap spot close by might be a reasonable accomodation... and by law, you must make a reasonable accomodation. Not ANY accomodation, just a reasonable one. And that would sound reasonable to me, with the info i have now.
RickR1 (California)
Posts: 37
Posted:
I think everyone got it right. Basically you don't need an additional sopt if you already have one in your garage and one in front of your garage. Truck too big. Thats your problem.

I wanted to make the handicapped parking visitor only because some are abusing the system. Certain people who use them are fine but park their third cars here. I can't know for sure that they totally disabled but I guess thats not my call. I know that there are many different kinds of disability but oh well.
Lawyer = directs what we do = the best for our board.

BrianB (California)
Posts: 2,820
Posted:
this may or may not help Rick, but "handicap spots" are not for people with disabilities. They are ONLY for people with the appropriate handicap permit/sticker on their car, license, etc..

Being handicap does not mean you can park in those spaces. Having the permit, no matter your physical ability, does. It's a small detail, but that's the law. You can be a wheelchair bound paraplegic, but without the permit, you can get a ticket.
BarbaraS (New Mexico)
Posts: 49
Posted:
I am wondering if this person became handicapped after moving into the condo? If before, then he must have been aware of the parking circumstances.

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