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handicap parking

Started by DavidJ17 • 7 replies • 729 views

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DavidJ17 (Florida)
Posts: 47
Posted:
An age old question about handicap parking. (for visitors) Our Condo has room for 2 cars. driveway and garage. We have 5 guest parking spaces. We have 1 public street with allowed parking on one side. We have 2 cul-de-sacs with no parking allowed. we have no amenities so we don't have handicap spaces. So where would handicap visitors park? I'm not sure I understand the law about not needing handicap spaces if we don't have public amenities. Define a public amenities situation? Does that means a pool, or clubhouse, etc that outside people can use? If so, that would mean a handicap person that doesn't live there can come visit and use the pool, right? Since the condo had a pool, that would mean there would be handicap spaces. So what would be the difference if a handicap person came to visit a relative who lives in a Condo without public amenities, meaning no handicap spaces?
GenoS (Florida)
Posts: 4,276
Posted:
The site plans for my HOA subdivision 30 years ago show that a certain number of handicapped parking spots were required by county planners. There's some formula they used to determine the number of spots. What do you base your claim on, that the number of amenites affects the number of required handicapped parking spots? Is that a county thing? I've never heard of any such linkage but that doesn't mean it doesn't exist.
LetA (Nevada)
Posts: 2,679
Posted:
Handicaped parking cannot be restricted to just visitors, and depending on when your condo property was built there is a variance that exempts the property from updating the parking formula set by current ADA practices.
DavidJ17 (Florida)
Posts: 47
Posted:
From what I've read, Condominiums don't have to have handicap parking. A Board member tells me that we get 2 parking spaces. one in the driveway and one in the garage. We have no public accommodation, like a pool, or clubhouse. So therefore, we don't need handicap spaces. At least that's what I'm told. Below is a paragraph from a lawyer.

However there is not a federal or Florida state law which require a condominium association to pre-mark and allocate a specific number of parking spots for handicap persons, as you customarily see in places of public accommodation or in federal or state official buildings. The reason is because places of public accommodation, so as those described above, are subject to the American with Disabilities Act (“ADA”). Condominium associations do not qualify as places of public accommodation, and therefore are not subject to the requirements of the ADA. However, condominium associations are subject to the Fair Housing Act (“FHA”), which prohibits discrimination in the providing and use of housing based, in part, on an occupant’s disability.

Dave

CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By DavidJ17 on 01/19/2020 9:14 PM
From what I've read, Condominiums don't have to have handicap parking. A Board member tells me that we get 2 parking spaces. one in the driveway and one in the garage. We have no public accommodation, like a pool, or clubhouse. So therefore, we don't need handicap spaces. At least that's what I'm told. Below is a paragraph from a lawyer.


I would be very very surprised if condos were exempt from the requirement. That's definitely not the case in my community, and since we're probably dealing with federal law, it would supersede anything state or local laws have to say.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CathyA3 on 01/20/2020 5:57 AM
Posted By DavidJ17 on 01/19/2020 9:14 PM
From what I've read, Condominiums don't have to have handicap parking. A Board member tells me that we get 2 parking spaces. one in the driveway and one in the garage. We have no public accommodation, like a pool, or clubhouse. So therefore, we don't need handicap spaces. At least that's what I'm told. Below is a paragraph from a lawyer.



I would be very very surprised if condos were exempt from the requirement. That's definitely not the case in my community, and since we're probably dealing with federal law, it would supersede anything state or local laws have to say.

Forgot to say, my opinion is based on our attorney's opinion. Condos tend to have parking issues that single family home communities don't because of their structure and the high percentage of common area. Thus a COA is more likely to have to approve accommodations, of which handicapped parking is one such.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By DavidJ17 on 01/19/2020 9:14 PM
condominium associations are subject to the Fair Housing Act (“FHA”), which prohibits discrimination in the providing and use of housing based, in part, on an occupant’s disability.
The Fair Housing Act is indeed what you should be googling here. HUD guidelines address parking spaces and when a condominium has to provide same for the disabled. State law prohibiting discrimination against the disabled may also be relevant. Lastly municipal law may state how many parking spaces a condominium must have for the disabled. It does not matter that the condominium is private. Municipal law often addresses residential parking, and condominiums provide residential parking.
LetA (Nevada)
Posts: 2,679
Posted:
How old is the building? What year was it built? There is a preclusion that may exempt condos from having to provide handicap parking

I found this under code's accessibility standards 410 ILCS 25/5(b) The cutoff date is September 25, 1985

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