Handicapped Parking

Started by MikeB23 • 9 replies • 358 views

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MikeB23 (Louisiana)
Posts: 109

Posted:

We are a small, 33 unit, HOA that has a common area for parking, no assigned parking spots.

Is there a statue requiring that we designate one or more spots for handicapped parking? If so, please provide citation.

AugustinD
Posts: 3,698

Posted:

-- Generally speaking and per the Fair Housing Act, the HOA has to provide a "reasonable accommodation" for the handicapped. What reasonable is depends. Generally the cost of the accommodation cannot place an extraordinary burden on the HOA.

-- There is case law in some states that says a Board cannot give a parking space that is designated as "common area" to any one owner (or the owner's tenant). A vote of the owners would be needed to assign common area to one owner.

-- Your state may require that a certain amount of spaces in your private HOA parking lot must be set up for handicapped folks.

-- The net has a lot to say about this. Your next step is to study what the net says and what people here say; ask your state and city what the rules are for handicapped parking for this parking lot; then maybe make an appointment with an attorney.

KerryL1 (California)
Posts: 14,550

Posted:

Do units also have their own parking? Or none.

In our city, the developer had to provide disabled parking in our 18-space Visotors parking area.

LetA (Nevada)
Posts: 2,679

Posted:

You should contact your local building inspectors office and your HOA attorney. Typically HOA's don't fall under the same parking regs your local strip mall or grocery store does. I have seen here in Vegas
where apartment complexes grant a FHA request to a tenant for permitted handicap parking. Only that resident with the matching permit can park it that spot.

TimB4 (Tennessee)
Posts: 21,059

Posted:

As others have pointed out, HOAs must comply with the fair housing act.
HUD administers that act.

Here is info per the HUD Q&A site (scroll to the parking section):

Parking Spaces and Garages

Q. How many resident parking spaces must be made accessible at the time of construction?
A. The Guidelines provide that a minimum of two percent of the parking spaces serving covered dwelling units be made accessible and located on an accessible route to wheelchair users. Also, if a resident requests an accessible space, additional accessible parking spaces would be necessary if the two percent are already reserved.

CathyA3 (Ohio)
Posts: 6,299

Posted:

My community of 74 condos had 2 spaces designated for handicapped parking and our attorney suggested we up it to 3, which we did. We also moved the spots (the 2 had been side-by-side) to cover the entire community.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By CathyA3 on 12/06/2021 6:41 AM
My community of 74 condos had 2 spaces designated for handicapped parking and our attorney suggested we up it to 3, which we did. We also moved the spots (the 2 had been side-by-side) to cover the entire community.

For perspective, about how many parking spaces does the condo have?

My former condo went through this with the state around 2015. The number of spaces was around 300. The COA attorney attempted to argue the condo was private and, by the COA attorney's incompetent reasoning, not subject to state and municipal law on parking for the disabled. The state took her to task within a few weeks. The parking lot was re-striped to provide the required number of handicapped parking spaces. I think the number of handicapped spaces was on the order of 15 (plus a few required handicapped van-accessible spaces).

The net has plenty on how many spaces must be handicapped accessible.

BenA2 (Texas)
Posts: 1,273

Posted:

There are two situations that apply. Under the Fair Housing Act, you have to allow disabled residents accessible parking. Under Louisiana law, all public and private facilities have to provide accessible parking.

https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-40-sect-1742.html#:~:text=(1)%20No%20person%20shall%20park,pursuant%20to%20R.S.%2047%3A463.4.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By AugustinD on 12/06/2021 6:47 AM

For perspective, about how many parking spaces does the condo have?

... snip ...

I think 49 including the restricted ones, but I may off by one since they're not striped.

FWIW the attorney based the number on the number of units. All units have garages (one- or two-car) and the current rules say that people have to use their garages and driveways before they can use the parking pads. Originally the CC&Rs said that the pads were reserved for visitors only, which was not reasonably enforceable and caused problems for people who had more cars than they had spaces while the parking pads sat empty most of the time. So we amended that restriction.

So far we haven't had any real parking issues other than people parking on the street.

MikeB23 (Louisiana)
Posts: 109

Posted:

Thanks for the responses. I think you have answered my questions.

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