Handicap Spaces Required?

A member of my HOA is requesting that one of the parking spaces in an overflow lot near her home be designated a handicapped spot. The community is a mix of townhomes and single family homes (the resident making the request is in a single family home), and every residence has a garage and driveway to park their vehicles. We are a private community and do not grant access to the public for any use of our property. What obligations do we have? Any insights would be appreciated!

Also let them know that unless this is going to be a reserved spot that it will be available to anybody with a handicap tag.

To be fair, I think the Board should choose it because you have other homeowners with cars to think about (what if one of them needs a space later and the one that would work best for this is the one you let the homeowner select?) Do your best to make sure the space is as close to the homeowner's unit as you can - if there's a spoke that might work better but it's taken by someone else, I might have the homeowner ask that person if he/she would be willing to trade - if so, both can sign a paper to that effect so the Board will have something in writing.

It may be a reasonable request, but a request that will be denied. No FHA, ADA or even the Sterling Davis act will pass this muster.
Even if the BOD granted this request, that parking spot would be available to anyone with the proper placard to park there, no single homeowner
would be granted their own exclusive parking spot.

Are you on the Board, Lynn? I'd check with your HOA attorney first. I see no reason to grant a overflow space to an owner who has their own parking spots on their own premises.

In other words, how is their request reasonable?

(LetA: the Davis stirling Act only applies to CA)

Our underground garage has 16 Visitor Parking spaces and one is designated as handicapped. This was done by the City as a required part of the building permit when this high rise was approved 17 years ago.

So, as John suggests, I'd think a Board could designate one "overflow" space as handicapped, but it, like ours, only would be for guests.

There are laws which require a certain number of handicap parking stalls in any "parking lot" based on the total number of non-handicap (regularly marked) spots. However, if this is something the homeowner wants in addition to their assigned garage and other spots, they are not allowed. I would recommend checking any Federal laws in regards to parking stall markings. It's there...

Carl

I do not think they are trying to deny. They simply are asking if they need to. I think there is an underlying issue in that the requester might assume it is their handicap space alone.

Sure, then maybe they Association should pay for it and make it clear it's for everyone. I am just put off by an Association working hard to find a way to go against the a owner's interest.

Because the homeowner has a disabled roommate "renter" that wants an exclusive use of a parking space, something that the CC&R's do't have provisions for.

The owner has two or potentially more parking spaces as we do not yet know size of garage or driveway. You are potentially making an assumption which may not be true fact.

Some do. Some don't.

Keep in mind that ADA doesn't apply to Associations unless they have amenities (pool, clubhouse) open to the public.

Many civil right laws are incorporated into the Fair Housing Act, which is applicable to Associations.

Contractually, you can sign away many of your rights (as you and I did when we joined the Military).
The covenants are considered a contract between you and your neighbors.

That actually depends on the State you live in and the language of your governing documents.

In Virginia, Associations do not have the authority to impose monetary penalties unless it specifically states that within the CC&Rs. Most CC&Rs do not have that language.

This came about because of a court case.


Keep in mind, those are the applicable statutes.

What would you prefer happen if someone is in violation of the covenants (lets say leaving a derelict vehicle on the front lawn proped up on blocks)?


I expect you are talking about the court system.

However, that is simply one option.
The other option, which many on this site did, is gather support and change the management.
This is what I did.
It took three years to accomplish, mainly due to the need to educate the membership and find a cause they would be willing to rally behind. However, it worked and there have been many, many changes.

Two main change were to identify what items were being consistently violated (like garden hoses being left out) and change the documents to allow those things to happen. The second thing was to adopt a bylaw amendment creating a grandfather clause (because grandfather clauses are not automatic, they have to be spelled out) for exterior changes.


Actually, the very first reply to the OP said to allow it as reasonable accommodation.
I wrote it.


I agree. However, keep in mind that some homeowners are as bull headed and stubborn as you perceive Associations to be.


I understand that you have that opinion.
I understand that some (if not most) of that opinion is based on horror stories you have read about or heard.

I'm certainly not going to say that those horror stories are fake. They are real.
I will point out that those are the stories that make the news as reporting that an HOA/COA entered into a payment plan with a homeowner who suffered financial issues or that a Board listened to a member who was concerned about a tree and the Board had it removed simply doesn't sell advertising.

Per the community Association institute, there were 642,000 HOAs and COAs within the US in 2016. Even if the stories we hear and read about are from 5,000 of those Associations that means that there are still over 630,000 Assocaitions doing things right (or attempting to do things right) for the membership as a whole vs. fulfilling one persons agenda or out to get one person.

I understand that the tools in a given HOAs punitive tool kit vary by state and HOA.

I understand that the corporate statutes are the appropriate ones. I think that is part of the problem. It promotes a protective corporate culture that puts the HOA first over all else. I would prefer a set of rules in place to enhance a community rather than be in place to discipline those that do not conform. I think a less stringent and more flexible hierarchy would work well. Something more than, “This is what paint schemes were allowed 25 years ago, we shall maintain this under penalty of foreclosure” To wit, a dialogue, not a directive.

I was, referring to the courts, but also to the re election and replacement of Board Members As you pointed out that can take years. ADR would be an alternative but I don’t see that mentioned as frequently on this board. Maybe in years past it has. I’ve spent a reasonable amount of time surfing through the history of this board.

I agree some folks can be stubborn, but it’s best to try and work it out. Afterall, one party in the HOA Board v. Homeowner dispute may have fining or other punitive powers in their tool kits and the other does not.

I’m glad you acknowledge that bad things happen to good people when they disagree with their HOAs.

THe CAI is a lobby group and as such it’s purpose is to advance the cause of HOAs. They’re not going to publish survey results that don’t support that end. One of the things I’d like to do in the future is understand their survey demographics, methodology and the like. Viewing their results with a skeptical eye is healthy. Else it could be a case of...

“Chocolate in large quantities is good for you!” - Chocolate Bar Salesman

That said, I’m sure there are plenty of people who are fine and happy living in their HOAs. I just want to be one of them so I’ll keep learning how to mitigate the HOAs affect on my family. Informed decision making is always best practice and that is why I’m here in the first place. I do appreciate that many of you have a good deal of experience and I’m glad you are willing to share.

Ok so I’ve hijacked the hell out of this thread sorry about that!

In the last let us replace the BOD ac, it took a dedicated group of we homeowners two election cycle to make the change. We contacted owners personally, set up information booths, collected proxies, did mailings, hired an attorney, etc. The first election cycle we were able to get 2 of our group on the BOD which was enough to assure the President was not elected to be President again. We had a lot of 4 to 3 votes that year. The next election cycle we got a 5 to 2 majority.

Wish for change on one hand, spit in the other hand and see what you get first. It takes times and effort to bring about change. Prayers and hope do not work. Action and hard work does bring change.

I may be new, but I am trying to learn as much as I can.