Disabled Parking

Started by KarenC15 • 28 replies • 2411 views

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KarenC15 (Florida)
Posts: 118

Posted:

I was wondering if anyone else has dealt with a lack of disabled parking spaces? We don't have enough spaces here and the board did not add any when the parking lot was recently repaved. Although there is ample parking, the handicapped spaces that exist are VERY far apart and might be 100 or more feet from a home. There is also a problem with WIDTH of spaces, even if one is found close to home.

Has anyone been successful at compelling their HOA to add or rearrange disabled parking?

Hatred is contagious, so one should work to avoid it.

TimB4 (Tennessee)
Posts: 21,059

Posted:

My Association is in a town home development. There are no driveways, so everyone has to use what parking is available. We don't have disabled parking.
Instead, we assigned (in our case, two) parking spaces to each lot for their exclusive use. These spaces were as close to the property as possible. The few left over spaces are on a first come basis.

We are of the understanding that by assigning spaces, we are not required to have disabled parking. Note, check with your Attorney to be sure this applies to you and your specific development. I suspect that a condo with a parking garage or a development where that parking spaces are not near the actual lots/units, may be required to have disabled parking. Therefore, check to be sure.

KarenC15 (Florida)
Posts: 118

Posted:

Thanks Tim. We have a different situation than you do since we have driveways with overflow parking in a common area.

Do check out Fair Housing Law, however. The example from its site seems to support your belief about "reserved" spaces but there still seems to be a burden on the HOA to offer accommodation and a resident might be able to request HUD intervention.

"Requires housing providers to make reasonable accommodations for persons with disabilities. A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space. A housing provider should do everything s/he can to assist, but s/he is not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden. Reasonable accommodations may be necessary at all stages of the housing process, including application, tenancy, or to prevent eviction.

Example: A housing provider would make a reasonable accommodation for a tenant with mobility impairment by fulfilling the tenant's request for a reserved parking space in front of the entrance to their unit, even though all parking is unreserved." -http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/inhousing

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/fhefhasp

Hatred is contagious, so one should work to avoid it.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KarenC15 on 09/10/2013 10:41 PM

We have a different situation than you do since we have driveways with overflow parking in a common area.

Do check out Fair Housing Law, however. The example from its site seems to support your belief about "reserved" spaces but there still seems to be a burden on the HOA to offer accommodation and a resident might be able to request HUD intervention.

I would think that the driveways would serve the same as reserved parking.

Overflow parking is simply that, overflow parking and available on a first come first served basis. You might want to run that by your attorney to see if my thinking would be in compliance.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KarenC15 on 09/10/2013 10:41 PM
Thanks Tim. We have a different situation than you do since we have driveways with overflow parking in a common area.

Do check out Fair Housing Law, however. The example from its site seems to support your belief about "reserved" spaces but there still seems to be a burden on the HOA to offer accommodation and a resident might be able to request HUD intervention.

"Requires housing providers to make reasonable accommodations for persons with disabilities. A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space. A housing provider should do everything s/he can to assist, but s/he is not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden. Reasonable accommodations may be necessary at all stages of the housing process, including application, tenancy, or to prevent eviction.

Example: A housing provider would make a reasonable accommodation for a tenant with mobility impairment by fulfilling the tenant's request for a reserved parking space in front of the entrance to their unit, even though all parking is unreserved." -http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/inhousing

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/fhefhasp

My initial reaction is an HOA is not a Housing Provider thus what you posted is more applicable to renting.

I would also say as each unit/home does have their own driveway parking, that the HOA would not have to concern itself with handicap parking.

Not trying to sound unconcerned, but where does concern end?

KarenC15 (Florida)
Posts: 118

Posted:

The townhomes are 3 and 4 bedroom with a one car driveway, so the residents (whether renting or owning) need the use of generally one to three open spaces.

With your argument, a home with two disabled individuals would only have a space (driveway) that was close enough and wide enough for one person to come and go freely. It seems as if an accommodation would be required if parking is available close to the residents home and they need it for disability access.

I'm not sure of the legal definition of a housing provider, but any community that offers housing to a community for purchase or rental (many HOAs have a % rented -- mine is about 30-40%); it is a housing provider to that community. How can an entity exist to serve a community and then argue that it is inconvenient for all types of residents to live and enjoy the property?

Hatred is contagious, so one should work to avoid it.

SheliaH (Indiana)
Posts: 6,964

Posted:

I'm also in a townhouse community with limited parking. We don't have specific spots designated for the disabled, but I recall we had one homeowner who requested another space because he had a modified van. We were able to designate the space, but the homeowner had to pay to have a sign posted there and when he moved away, the sign was removed and the space reassigned.

I don't know how we'll handle multiple requests, but it may be an issue sooner rather than later because we have a number of older homeowners in the community. Our parking lots weren't designed very well to begin with - like most developers, our was more interested in staking as many homes as possible on the property than making sure there was ample parking. We would probably have to redesign the area to have designated parking and then there would like be a fight over who gets them, keeping up with passes and whatnot, so I suppose we'll cross that bridge when we get to it.