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Guest Parking/Handicapped placard

Started by ReneG • 9 replies • 2682 views

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ReneG (California)
Posts: 6
Posted:
We have a unique situation. A unit had multiple people living there and abused guest parking policy. (policy is that guest spaces are for guests only - owners must park in garage or pay for an additional space)
Now apparently they have said they DON'T live there now and can use guest parking. They are there 5 nights a week. The vehicle now has a handicapped placard on it. They are still 5 nights a week..
Legally can they park in a guest spot becasue of the placard and not have to pay for an additonal space like other homeowners do?
thank you
RonaldW (South Carolina)
Posts: 901
Posted:
There's one in every crowd who wants to play games with the HOA. First, check your CC&Rs for definitions and wording. I don't see the handicapped card as having anything to do with the situation.

Do they "live there". Document the 5 night a week parking, then take whatever action your CC&Rs allow (letter, fine, etc.) for violation of the guest parking regulations. At this point it will be up to them to prove that they don't live there. Demand to see a driver's license or other proof of residence.

If you have an HOA attorney, this would be a good time to contact him/her.
Ron
SC
BrianB (California)
Posts: 2,820
Posted:
Ron's dead on: what do the rules say? I see nothing about a handicap pass and guest parking, so that means nothing to the arguement.

You somewhat imply that owners must park in X, but guests can park in Y... then these guys say "we aren't living here"... which makes no difference... you either have owners or guests, not owners, livers, guests, etc... If they are an owner, then they can't park in guest parking. If they don't own there, then they can (if they are a legitimate guest). Curious what your rules say about renters... are they owners or guests?

ReneG (California)
Posts: 6
Posted:
Our R&R's and CC&R's dont say anything about handicapped parking. But they keep saying they have a handicapped placard like they are entitled to special treatment.
We have 12 spaces that are leased on a yearly basis for $40 a month. We also have 12 spaces that are for guests only. It is a gated complex and we have guest spaces between the garages of several units for ease of guests of the owners.

We have documented the dates and times and per our cc& r's we have to send 3 letters and then on the 4th its a hearing. if they have a hearing and continue to violate same rule, then its a fine and another hearing.
ReneG (California)
Posts: 6
Posted:
The vehicle that violates the guest parking rules belongs to an owners parents. These said parents used to live there and violeted parking rules and now say they dont live there.
BrianB (California)
Posts: 2,820
Posted:
a state issued handicap placard allows them to park in state-mandated handicap parking stalls. period.

it has no bearing on your HOA, unless you have mandated handicapped parking stalls.
ReneG (California)
Posts: 6
Posted:
Great, Thank you all for help regarding this!
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By ReneG on 01/16/2007 3:12 PM

Our R&R's and CC&R's dont say anything about handicapped parking. But they keep saying they have a handicapped placard like they are entitled to special treatment.
We have 12 spaces that are leased on a yearly basis for $40 a month. We also have 12 spaces that are for guests only. It is a gated complex and we have guest spaces between the garages of several units for ease of guests of the owners.

We have documented the dates and times and per our cc& r's we have to send 3 letters and then on the 4th its a hearing. if they have a hearing and continue to violate same rule, then its a fine and another hearing.


The handicapped card allows them to park in a handicapped space. That's all. Not "special treatment". Your local ordinances may require a certain number of "handicapped parking spaces" but they would have to follow the same parking rules as anyone else. If they are not "guests", they cannot park in a guest space.

I don't believe someone can be a "guest" five days a week forever. You may have to put a limit on use of guest spaces.
Ron
SC
BrianB (California)
Posts: 2,820
Posted:
as long as that car was being driven by the owner's parents, then it could be "guest"... but if it is driven by the owners, then it is an owner car, and should be fined/towed/hit with a LAW rocket.

MikeS1
Posts: 668
Posted:
It's my understanding that these are townhomes, but are they fee simple or condo? If they are condo townhomes, then they may subject to Fair Housing (Reasonable accomdation) or ADA laws. (check with atty). If ownership is fee simple, as single family attached townhomes, then there is no requirement to accomodate the HC vehicle.

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