My question involves real estate located in the State of: California
I own a detached, single family residence on its own lot, in an HOA that is comprised of 82 similar homes. One side of my house is on a public road and the other is on a private road maintained by the HOA as a common area. Parking on the private road is by HOA permit only.
My home is directly across from the HOA pool are recreation area, so there is often competition for the parking spaces in front of my house on the private, HOA road. Parking on the other side of my house on the public street side is also at a premium because we are a beach community and members of the public going to the beach snap these spots up immediately when they become vacant. This situation often forces me to park a long distance away and walk to my residence. I am disabled and have handicapped plates on my two vehicles. This situation has proved medically difficult for me when there are no close spaces available to me, particularly if I have groceries or other items to load or unload.
While my house was originally built with a garage, previous owners remodeled it and turned it into an additional bedroom, so I am unable to park there without costly structural remodeling.
I have asked my HOA for reasonable accommodation, seeking permission to have two spaces in front of my home on the HOA private road (common area) professionally marked as reserved for handicapped. In doing so, I have stated I would pay to have this done out of my own pocket. The HOA Board (one of which is an attorney) is resistant, claiming I can park two vehicles on the sidewalk portion of my driveway in front of my house, however, this is prohibited by city ordinance.
While the ADA addresses this issue, it only applies to property “open to the public.” As the HOA restricts access to property owners and does not sell parking permits or access to its recreation area to the general public, it does not seem to apply. I am led to believe the Fair Housing Act allows an HOA member to modify a portion of a common area at their own expense as part of reasonable accommodation, but I am unable to find the specific section or case citation I can bring to the Board's attention. Can anyone be of help on this issue?