K.S. from Los Angeles, California writes:
Dear Mister Condo,
I’m a renter with a disability placard. Lived in a HOA community 4 years without an issue. The Property Management company is stating that I must park my vehicle in an enclosed single garage that is assigned to the unit I rent. The SUV I drive does not fit due to shelving which owner built inside garage. HOA is stating that all shelving must be removed to park SUV with Handicap Placard inside. This community has 384 privately owned condos with less than 2% assigned disabled parking per Federal Housing Association. HOA allowed homeowners with 3 vehicles and motorcycle accommodations by parking motorcycle in garage and 3 vehicles on street (gated community). Do I have a case with FHA and ADA?
Mister Condo replies:
K.S., I am sorry that you find yourself at odds with your HOA over where you can park your SUV. It seems strange that after 4 years, they are just now getting around to enforcing their parking rules. I am not an attorney and offer no legal advice here. Clearly, you need to speak with an attorney who specializes in ADA and FHA law to determine exactly what rights you have here. At the very least, the HOA is on shaky ground here and a letter from an attorney advising them of his opinion on the matter will certainly get their attention and make them consult with their own attorney on the matter. Cases like this are usually settled by attorneys without the matter needed to go to arbitration or court. However, each side has rights and attorneys are the ones to settle legal matters. Get a legal opinion and proceed accordingly. From what you have described here, I would think you will prevail. Good luck!