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RichardL7 (Colorado)
Posts: 105
Posted:
Question, In our condominium declaration it clearly states that any
home owner/Renter with a garage and extended driveway leading to
that garage is not authorized a parking spot in the common area
parking lots near the condominiums. They must use the driveways
and garage related to the condominium they live in.

Those who do not have a driveway and enter the garage from the
parking lot road will be assigned a parking area and so marked for their
use in the parking lot, Note: authorized only two, one in parking lot
and one in the Garage.

Question is???, if a handicap area is designated in the common area
parking lot, can the home owner ( and note: with driveway and garage)
and with a handicap plate-- still use the common area Handicap parking
or do they still need to abide by the ruling set for garage’s and
driveway??. This homeowner/Renter may end up with 3 parking area’s
with one in the parking lot, and the rest of us two. Also NOTE, Access
for the Handicap owner if they park in the driveway is so much better,
15 Ft. rather then 60Ft when they traverse the small hill and related
bushes’s. I’m bewildered

Thanks
Richard.
CarolR11 (Colorado)
Posts: 2,563
Posted:
This probably won't help, Richard--it's just how we do it in our HOA, per our CC&Rs & Rules, with underground pk. spaces that are deeded to our condos.

We have underground Visitor Parking with 16 spaces in including one handicapped space. Owners/renters may not park their cars, including handicapped-designated cars, in any VP spaces.

Your own documents, as you present them, seem crystal clear on this topic.
GlenL (Ohio)
Posts: 5,491
Posted:
Richard, I sincerely suggest the Board discus this with the HOA's attorney before it does anything. Besides the headlines "HOA Picks on Handicapped", I can see a lawsuit for not allowing a reasonable accommodation. IMO since s/he has a driveway they would not qualify for a space in the garage even if they are using the handicapped space in the common lot.

Studies show that 5 out of 4 people have problems with fractions
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Why would a handicapped driver park their primary vehicle in an outdoor parking when they have an exclusive driveway w/ garage feeding directly into their home?

Is the "handicapped" driver looking to use protected federal status to park a second vehicle on behalf of someone else? I'm confused.

RichardL7 (Colorado)
Posts: 105
Posted:
Hello Kelly, 
For the past year or better that same vehicle has been parked in the
parking lot against regulations and they have been told so. Reason is
they have three vehicles and now have found a way to park the third car.

Bottom line and I can’t prove it YET, it is a borrowed tag from a
family member, Just can't prove it. I have talk to the family
member and father and as much as I can SEE, I don’t find a handicap
member living in that Condo. Handicap may have many descriptions and definitions.
Thank You.
Richard.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Whether they have a handicap sticker or not, isn't the question: should any resident with a garage/driveway be permitted to park in those particular spaces? With Glen, it seems like a good idea to consult with your attorney.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Sorry, I meant to ask even if there's a real handicap, why should they be permitted to park in those spaces? Aren't all of those spaces designated for folks without driveways/garages?
RichardL7 (Colorado)
Posts: 105
Posted:
No, the laws are very clear. Owners and Renters with garage/driveway must use only that area and those with only garage's are authorized one parking spot and marked. We have 12 units and only 12 parking spots are in the parking lot. 6 units have no driveways so 6 parking spots are authorized for owners/Renters as such.

Now we have 6 for Visitors, BUT, two are now authorized for handicap as we need a clearance for the handicap van or car. SOoo, now we have only 4 parking areas for Visitors. My dear friends, I'm not have any fun at this time. I sure thank you for your come-back. :-(
Richard.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RichardL7 on 04/30/2013 5:30 PM

Handicap may have many descriptions and definitions.

Handicap requirements for a handicap tag does indeed have varied qualifying factors.

MatthewW4 (Arizona)
Posts: 500
Posted:
Quote:
Posted By RichardL7 on 04/30/2013 5:30 PM

Bottom line and I can’t prove it YET, it is a borrowed tag from a family member, Just can't prove it.

My wife has one of those tags that hangs from the mirror and there is a number on it, just as a license plate would. Whether it is a hanging tag or a license plate, there is a record of whom it was issued to. As the owner of a parking lot, your association may be able to obtain that information directly from motor vehicles or you may have to go through your attorney. You should also find out who the car itself is registered to.

In many areas the local police have the power to enforce handicap parking regulations on private property. You might want to look into making a complaint that the car owner is using a tag issued to someone else, which is pretty much the same as driving around with soemone else's license plates.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Richard

Handicap aside how do you handle where someone parks if they have more vehicles then spaces?

Is the issue use of the Handicap spot or just the 3rd vehicle in the parking lot?

Inquiring minds want to know.....LOL
RichardL7 (Colorado)
Posts: 105
Posted:
As for parking areas, if full we have no place for them. Now, Possible fraudulent or unauthorized use is the question. I would ask, is
the vehicle authorized a handicap tag, and if so can they use it as a
constant parking area that allows no one who comes in as a handicap
to use it. My wife’s family has one and on my side I have two. They
find no place to park. I’m trying to be fair about it, but the fact is I’m
limited to a great extent on related laws and how they may apply in this
case. Now today I find that the president has resigned her position and
that will create a problem. I’m not on the board and act only as a
assistant in a capacity as a home owner when asked by the management
company or the president or board member. My wife is on the board and
all information I offer is viewed by my wife and the board. I act only in
a capacity as requested by the M.C.
Thanks.
Richard
CarolR11 (Colorado)
Posts: 2,563
Posted:
The residence that has someone who uses the handicap pk. sp. has a driveway AND garage, right, Richard? So, I'm still trying to understand why they should be permitted to park in visitor parking?? Those spaces, you say per your documents, are reserved for visitors only, including visitors with handicaps.

It should not matter if any residence has no cars or six.

Please clear this up; I feel that I'm misunderstanding something???

(13 of our 211 res. units have only one deeded parking space. If they have two cars, they must park off them off the premises. They, handicapped or not, are not permitted to use our VP spaces, which include one handicapped space.)
RichardL7 (Colorado)
Posts: 105
Posted:
You are correct. You will find that the problem is such that the homeowners or renters that have a driveway and garage will still use the Visitors spots and not the driveways or the garages they own, this is due to the fact that they are packed full of items and they can't park in the garages they own, also a violation. The problem is enforcement of the rules. Now I hope that will be taken care of by our next meeting, and a new president.
Thanks
Richard.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By RichardL7 on 05/01/2013 2:21 PM
You are correct. You will find that the problem is such that the homeowners or renters that have a driveway and garage will still use the Visitors spots and not the driveways or the garages they own, this is due to the fact that they are packed full of items and they can't park in the garages they own, also a violation. The problem is enforcement of the rules. Now I hope that will be taken care of by our next meeting, and a new president.
Thanks
Richard.

Thus it is an enforcement issue for all. Handicap or not.

CarolR11 (Colorado)
Posts: 2,563
Posted:
Yes, enforcement is the issue. Here we have parking stickers for deeded spaces.

Cars with those stickers may not park in VP and can be towed from this common area. But we have staff to watch out for this violation and also to issue the stickers, which are updated every couple of years or when new residents move in.
RichardL7 (Colorado)
Posts: 105
Posted:
My sincere thanks for those who have offered information. As such I
feel that I have sufficient information to offer the board more assistance
and may be able to help support them in the duties they try to uphold. I
feel that they had in the past very little support so I will try to do what I
can to help. Again, my thanks to all that have helped. :-)
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You know you may not be required to even offer handicap parking FYI. HOA's don't exactly fall into the category to provide ADA to handicap members. That means a HOA may put up a hand rail for those who need it as a courtesy but it's not required. The same with handicap parking. It's more of a courtesy. We had 2 of them in front of our clubhouse but no actual rules as they were on the main street.

So before going down this slippery slope... Make sure that offering handicap parking is required and not a courtesy. We just had a case here with an apartment complex in the news. They were not required to offer handicap parking. A resident was handicapped and wanted a space. She had to go to the news media who revealed that it was not required. However, out of courtesy they would designate a parking space for her. They just could not guarantee someone else would not park in it. Not even sure if technically the police could enforce the law considering it's not a requirement even if marked. It is private property in their eyes unless it is public street parking.

Former HOA President

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