H.D. from outside of Connecticut writes:
Dear Mister Condo,
We live in a condo that is planning to repave and mill our parking facility. We do not have any specified handicapped spots and they are talking about taking our spot and making it a handicapped spot. Is that legal?
Mister Condo replies:
H.D., as long as the parking lot is owned by the association, the Board is free to manage however they see fit. If your parking spot is deeded (actually part and parcel to your condo unit), then they would need your permission to reassign your space. For the most part, that is highly unusual and the common parking areas are almost always under control of the Board. While the Board is empowered to grant handicapped parking, they are not generally required to do so. However, if a unit owner has requested handicapped parking and the accommodation is deemed reasonable, they may feel it is in their best interest to comply with the request versus opening the association up to a potential lawsuit. Good luck!