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RebeccaG2 (California)
Posts: 3
Posted:
In the past, we have been able to park the vehicle utilized to transport my handicapped husband for various reasons. We have now been advised that we must pay for a parking space. Although we will supposedly be moved to the head of the parking quece, we must pay for a parking space. I would prefer to park the vehicle in the garage (we have had to repair the lift 3 times due to vandalism), the vehicle with the wheelchair lift is too long to fit into the garage. It was my understandng that parking was free with a handicap placard except for red, yellow and white zones. Is there anything we can do?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Congrats, your in California and can sue and easily win because of a law that allows $4,000 per violation. Google information on how to file suit (A.D.A) Americans with Disabilities Act
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Ask why the change in policy first. Is your HOA having financial difficulties? Is there a change in the parking spaces? Something has changed and may not only be handicap spaces. Is the spot considered assigned parking if not in a garage or driveway? What is that setup?

Before suing, find out the details and then address your specific issue. It could be they trying to meet ADA standards but need to raise the money to do so. The HOA is only funded by it's members for it's members. May be a way to do some work.

Former HOA President
RebeccaG2 (California)
Posts: 3
Posted:
I was on the board, but had a disagreement with the president on the money being spent for items that the vendors should have been aware of prior to their quote, i.e. Landscaper contractor for min of 15 yrs - forgets that there is a drainage problem on the new landscaping until the plants are dead and now says there is a need for a french drain...

The president has on several occasions made the comment that people shouldn't buy cars that won't fit in their garage and should use their driveways rather than utilizing guest or assigned parking (pay , for use).

I was away with my husband for about 6 wks and the vehicle was not parked in a space, so now I need to respond to a "courtesy notice" requesting what I steps I have taken to resolve the parking issue. The president was on a "no parking unless you pay" tangent before I left, which we were able to evidently only stall until I was gone.

As all assocations, additional funds would always be great. However, the management reserves are apparently on track - per the property manager and her auditing firm. While I don't really object to paying for parking, I want it to be close to the unit since my husband can't walk too far plus I really don't like to keep repairing the lift due to vandalism. Also since we returned with a locking gas cap, my mileage has increased from 11 or 12 mpg to about 18 mpg... If the car would fit in the garage with the lift (as it did prior to the lift installation), I would park it in the garage if for no other reason than the vandalism problem. However, there is only so much space and I don't want to knock a hole in the garage - my husband's solution.

I checked with a legal site and they recommended the Fair Housing Act which requires that reasonable accomodations be made for disabled persons-at no cost. Any thoughts? I really thought the first comment about suing was okay - especially since I doubt this is the end of the matter.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Rebecca:

Time to play twenty questions:

Are you in a condo?

What are the dimensions of the garage with the door closed?

What kind of vehicle? (I am assuming that you have a sedan with some sort of lift device on the rear.)

Does your husband use a wheel chair or some sort of scooter?

Does the lift fold up when it is not carrying the wheelchair/scooter?

Is purchasing a shorter vehicle or a different lifting device an option?

How much too long is your vehicle now?

Do you have a driveway in front of your garage where you could park?

Is parking the car in the garage and leaving the garage door open or partially closed an option?

Would it be possible to "push" the front wall of the garage forward a few feet to make room for your vehicle?

My understanding of the Fair Housing Act is that the association must make a reasonable accomodation for a handicapped person but the association may demand that any alterations be done at the handicapped person's expense.
FredS7 (Arizona)
Posts: 927
Posted:
> It was my understandng that parking was free with a handicap placard except for red, yellow and white zones. Is there anything we can do?

I am no longer familiar with CA law. In other places, a handicapped placard allows you to park in spaces marked handicapped. Sometimes these are free and sometimes they are metered. Same thing with a parking garage- handicapped gets wider and and more convenient spaces, but still needs to pay.
RebeccaG2 (California)
Posts: 3
Posted:
Are you in a condo?
They can it a 'planned unit development" but it is duplexs with a common area.

What are the dimensions of the garage with the door closed?
I don't know the dimensions of the garage just that the Towncar fit in the garage without the lift and now is too long to fit.

What kind of vehicle? (I am assuming that you have a sedan with some sort of lift device on the rear.)
It is a Lincoln Towncar - we have a Ford Thunderbird, but my husband complained that it drove like a truck (not true, but...)

Does your husband use a wheel chair or some sort of scooter?
He has an electric whexeelchair.

Does the lift fold up when it is not carrying the wheelchair/scooter?
Yes, the lift folds up, but is still too long.

Is purchasing a shorter vehicle or a different lifting device an option?
My husband is 87 with Parkinsons, broke his hip 2 yrs ago and walks with get difficulty. Not wishing anything would happen to him, but given everything time is not on our side. I really don't want to incur the additional expense of a new car at this time

How much too long is your vehicle now?
It is about 2 feet too long

Do you have a driveway in front of your garage where you could park?
No driveway or I would park it there.

Is parking the car in the garage and leaving the garage door open or partially closed an option?
No according to the CC&Rs garage doors must be closed at all times

Would it be possible to "push" the front wall of the garage forward a few feet to make room for your vehicle?
Yes, we could move the wall between the garage and the house back three feet which would leave me with a laundry room of about 2 feet.

My understanding of the Fair Housing Act is that the association must make a reasonable accomodation for a handicapped person but the association may demand that any alterations be done at the handicapped person's expense.
I understand that if I wanted to add a ramp to the front door it would be at our expense. However, removing a wall; removing the concrete pad under the flooring and then leaving me with unusable seems extreme when parking in a space 15 feet from my front door is all I am asking. It would be easier to park in the garage and avoid the vandalism and the need for a locking gascap, but there isn't room. Frankly, it would be just as easy to extend the garage from the garage door out, but that would change the outside of the unit and would require moving the drainage dip on the curbing.

Now the real solution is just to give in and pay them the money for a reserved parking space. Which at this point seems the only altenate. I am not going to keep the Towncar after my husband is gone. It isn't a long term situation which everyone is aware of, maybe a year at most.

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