Results 1 to 2 of 2
  1. #1
    Join Date
    Mar 2013
    Posts
    1,279

    Default Does a HOA Have to Provide a Resident With Adequate Handicapped Parking

    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?

    Thanks,

    L-1

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does a HOA Have to Provide a Resident With Adequate Handicapped Parking

    Quote Quoting L-1
    View Post
    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.
    While your HOA is free to designate as many spaces as it chooses for disabled parking, I am not aware of any circumstance anywhere in which a COA or HOA was required to provide a disabled resident with two spots as a reasonable accommodation of their disability.
    Quote Quoting L-1
    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.
    I don't know the layout of the home, nor do I have access to the local ordinance. If it's consistent with the layout and governing ordinances, perhaps they're suggesting that you restore the curb cut (if it was removed) and park on the area of your property that used to be your driveway.

    The federal fair housing provision that requires reasonable accommodation is 42 USC Sec. 3604(f)(3)(A). See also provisions of the Unruh Act, for example Civil Code sec. 54 et seq.

    Have you considered seeing if you can convince the municipality to install a handicapped spot across the street from your home?

    1. Sponsored Links
       

Similar Threads

  1. Parking Permits: Parking in a Handicapped Spot on Campus Without a College Parking Permit
    By vnixx in forum Moving Violations, Parking and Traffic Tickets
    Replies: 13
    Last Post: 10-15-2013, 06:24 AM
  2. Custody and Visitation Issues: Custodial Parent Does Not Provide Adequate Clothing
    By mommamia in forum Child Custody, Support and Visitation
    Replies: 6
    Last Post: 09-08-2012, 06:03 PM
  3. Parking Tickets: Not Returning with Handicapped Passenger to Handicapped Parking
    By Arigoldstein87 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 04-10-2012, 08:00 AM
  4. Child Neglect: Requirement to Provide Adequate Shelter
    By murrini in forum Abuse and Neglect
    Replies: 2
    Last Post: 10-25-2010, 11:01 PM
  5. Parking Violations: Cited for Parking in a Handicapped Spot, While Handicapped Passenger Was In the Car
    By muthaof2 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 10-09-2010, 09:41 AM
 
 
Sponsored Links

Legal Help, Information and Resources