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  1. #1
    Join Date
    Aug 2016
    Posts
    3

    Default Parking in an Apartment Lot Handicapped Space Without a Resident's Sticker

    My question involves a traffic ticket from the state of: Texas

    Hello I have a question that seems to fall in a gray area. I live in a "gated" apartment community (gate has never worked). All of the unmarked spaces are for residents with window stickers. There is assigned visitor spaces that are labeled such. For handicapped spaces, they are not labeled visitor, they just have the handicapped sign. There are NO "visitor" handicapped spaces, all handicapped spaces are unmarked besides the disabled sign. The office is open to the public, there is one handicapped space right in front of the office NOT labeled visitor nor office use and is just like every other handicapped space in the parking lot.

    Now, I have been told by everyone in the office, ALL handicapped spaces are for residents only. Logic would dictate the handicapped space directly in front of the office is for residents then (logic is not strong with management )

    My question is, are they required to have "handicapped visitor" spaces or are visitor handicapped people allowed to park in any handicapped space? I don't want to have a visitor towed because management doesn't know what the law is. From what I've read, since they are open to the public, they are required to have certain number of "visitor handicapped" spaces per "visitor" spaces or all handicapped spaces can be used by anyone.

    Can anyone shed light on this?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,148

    Default Re: Texas Apartment Handicap Visitors Spaces

    Quote Quoting pennytsocks
    View Post
    Can anyone shed light on this?
    No.

    Because we have no way to predict how your apartment management (or a towing company) will act under any given circumstances and you don't want to be arguing this after a car is towed and running up towing and storage fees.

    As long as there is some doubt I suggest that you have your handicapped visitors parked in a non-handicapped visitor's spot and if they have difficulty getting to your place, you can drive over and pick them up.

  3. #3
    Join Date
    Aug 2016
    Posts
    3

    Default Re: Texas Apartment Handicap Visitors Spaces

    I was mainly asking what the law was. Legally they have a public place without public handicapped parking. Isn't that illegal? Since it is a public space and they have xx amount of public parking, aren't they supposed to have a ratio of disabled public parking?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Texas Apartment Handicap Visitors Spaces

    You can check with your local government to see what requirements they would impose for handicapped parking in the lot, based upon the size of the community and number of spaces.

  5. #5
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Texas Apartment Handicap Visitors Spaces

    I suspect because they are not marked "Resident Only" management can always say they are public.

  6. #6
    Join Date
    Mar 2017
    Posts
    1

    Default Re: Texas Apartment Handicap Visitors Spaces

    I'm a police dept. parking enforcement officer. In my city, it is my job to enforce handicap (hc) laws. Although I'm not in CA, I can shed general light on your specific inquiry. The intention of the handicap space is that it is for valid disabled permit holders, whether a resident or not of any public or private property. If sign said, "residents only..." then there would have to be proof by the landlord/management that the permit holder is not a resident and the complainant must be the landlord or management since a resident cannot prove who and who are not residents. In no instance can a valid hc permit holder be cited if parked in a hc designated spot on private property. It doesn't matter whether public or private. But they can be cited for trespassing.

    In your case, there is no "resident only" on the hc signs so it would be unlawful for any officer to cite a valid hc permit holder parked in the hc spot, even if proven to be a non-resident...since the sign does not clearly state it is for residents only and because there is no hc law that covers this scenario. No judge would disagree. The law of trespass may apply if the sign says residents only. Your landlord must change the signs to reflect residents only & private lot if they want officers to enforce no trespass law...again must be landlord who verifies the non-resident. If a valid hc visitor of a resident, your landlord cannot use trespass law. It is only trespass if non-resident and not authorized by a resident to be on property. Clear signage must be all over property that states trespassers will be prosecuted.

    Laws regarding hc signage to non hc signage is specific to each state but in general this only applies to public buildings/lots. Private lots are free to do whatever they choose. In my state, public lots must have 1 hc spot for every 26-49 spaces, 2% hc spots for every lot with 50-1,000 spaces, and if 1,000+ spaces...additional 1% for each 1,000 spaces over 1st 1,000 spaces. Private lots, if tenant requests a hc spot and landlord installs a hc spot for tenant only, sign must indicate hc space is reserved for tenant only otherwise any valid hc permit holder may utilize the hc spot. I would issue a trespass citation for private lot, vehicle registered to non-resident, "reserved for resident only" signage visible, and include applicable trespass violation code.

    The lot is private if it is posted private lot only. If no private lot signage, it's considered public in eyes of law....since people are not considered mind readers. Additionally, if your landlord calls a tow truck to remove any car, that can only be fought in a court of law against your landlord/tow company...nothing can be done by police if tow truck tows a car on any lot at request of land owner. So, for peace of mind, stay away from hc spots in your landlord's lot since it sounds like they will tow all non-residents in the hc space even though it's technically lawful for valid hc permit holder.

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