Handicapped Parking - Florida

We have several handicapped parking spots that were "sold" by the developer. The people who own them don't appear to be handicapped, but claim to have various issues such as stents, etc. Its mostly BS; the owners basically have oversized vehicles and wanted a larger spot. None of them have elevators or should require the extra space to get in and out of their vehicles. They also do not have handicapped credential on their vehicle and they claim they are "in progress", but its been many months.

I have a couple of questions:

1) Can Handicapped spots be deeded, or do they have to be assigned? What happens if a unit is sold (spots are deeded to a specific unit) and the new owner isn't handicapped?
2) What documentation can/should the Association require to verify a handicap?
3) Whats the point of having signs for handicapped spots if the spots are owned and permenantly assigned to a specific owner?

Our condo docs grant specific powers to reassign parking in order to put the association in compliance with handicap law.

We don't have "guest" parking. We have valet parking, so the guest parking spots are transparent to guests. Only unit owners are allowed to drive their cars into the garage.

Which confuses the need to general handicapped parking.

... again David, the spots which you are referring to, as questioned, do they have the large blue (wheelchair) handicap symbol, and are being used by vehicles without corresponding handicap privelaged decals/placards?

...or are these spaces that were originally laned/striped for handicapped (extra wide berth), and then sold for owner's exclusive use?

DavidR5.....being involved in the construction industry here in FLorida, I would HIGHLY suggest that you go to your local county or city planning and zoning dept and see what they have on file for the plat/parking for your condo......I have never heard of "assigned" parking areas being designated as H/C and the persons not having to have the H/C placard in or on the vehicle....Keep us informed as to the outcome of your situation...LindaC

David:

I can't speak for all states but the person should have either a handicapped license plate, or a a blue hang tag that goes on the rear view mirror. Some states even issue a card to the person. That is how you can tell they are disabled, I wouldn't go by looks alone.

David:

I think your documentation is your vehicle, simply go out and look at the license plate or ask them to bring in their placard and state issued card. That is all you need to park in any other handicapped stall, it seems pretty cut and dried. The thing with the placards is some are only temporary, such as for a broken ankle, so it should be noted when issuing the spot that the tag expires on such and such a date and after that they need to move or provide further documentation.

David:

How can you tell by looking at someone they are not handicapped? I would be very careful with that. I have seen many people that walk just fine but are legitimately handicapped. There are people I know with extreme cases of asthma that can walk just fine but have tags. Looks are very deceiving. As part of my job I deal with handicapped parking for crowds in excess of 10,000 people so I have dealt with this issue many times.

The police can not ticket you if you have an unexpired tag that is yours. I can't speak for all states but in ours when you are issued a blue temporary tag you have a card given to you to prevent your friends from using your tag. If you break a leg or have a severe injury you are typically issued a temporary tag that has an expiration date. Now if you loan that to a friend or use it after it is expired then yes you will get ticketed.

David:

That is ok to ask for documentation, but a state issued handicapped placard, card or license plate is proper documentation. I guess you can ask for a doctors note, but what is the person didn't want to divulge their illnes? What if they have bone cancer that makes it hard to walk and didn't want you to know? I don't think you can force them to show a doctors note, but I have been wrong before.

DavidR5: A handicapped placard is issued by the State provided the patient requesting it has their doctor's signature and approval and just cause. FYI, the placard is sent in the mail to the patient in a few weeks.

You state that your docs grant power to reassign parking to put the assn. in compliance w/handicap law.(?) I don't know what handicap law would be in a community setting, but if you want proof, I suggest your Prop. Mgr. or Board verify with the DMV to confirm if the people in question have been issued a handicapped placard based on their license number. If they have not, then you have something to work from.

As far as the developer selling spots, that is questionable to me if the official documents do not refer to it.

DavidR5:
Now I'm confused about what you are asking. I thought you were concerned over those in your community who 'bought parking spots' from the developer and now you realize they have no placard to back up the fact that they say they are handicapped.

Why do you feel the need to develop a policy for handicapped parking in your community? And what is handicap law for a community? Do your official documents refer to it?

David, with regard to your original posts:
1) I would start by determining whether or not the handicapped spots were a requirement for creating the development. It may be that X number of handicapped spots were required in the approval by the planning Department. If so, I do not believe they should have been deeded; they should be assigned. If they were deeded the owner can use them without needing to be handicapped. They are no longer useable by anyone but the current owner.
2) None; if privately owned. Those which are common area need a handicapped sticker and handicapped car tag where issued.
3) There is no point of having the handicapped signs at privately owned parking spots; they should be removed.

If the handicapped spots were a requirement for creating the development this needs to be resolved with the Developer prior to transition of control from Developer to Homeowner's Board. If transition has already occured file a complaint with the Planning Department against the Developer. An attorney's assistance is recommended.

The garage is 6 floors and it is part of a high rise building. Its a Condo. Guests must use Valet parking and there are 20 spots for use by the valet (none of them are designated as handicapped).

Why not let the county the sort it out? Ask for a Sheriff to visit at a time you know they are home.