J.P. from outside of Connecticut writes:
Dear Mister Condo,
Our HOA assigns each unit 2 parking tags. All of the parking spots in our lot are unassigned and up for grabs, provided the car displays our HOA parking tag. We have 3 handicapped spots in our parking lots. We have a security company that tows cars parked in the lot without an HOA tag. Recently, they towed a car parked in a handicap space that was displaying a handicap placard, but did not have an HOA tag. Should cars parking in the handicap spaces have to display HOA tags just like all other residents?
Mister Condo replies:
J.P., if you read my column regularly, you probably know what I am going to say. The HOA typically owns the parking lots at condos and HOAs. That means the Board of Directors governs how these lots are used. If the rules state that only vehicles with HOA placards are allowed in the parking lots, then that is the rule. As long as they follow local and state law, enforcement is at their discretion. Towing a handicapped person’s car is about as dastardly a deed I can think of but this isn’t a popularity contest. The HOA needs to protect itself from others parking on the common grounds who just don’t belong there. It’s bad form to tow a handicapped person’s vehicle and the local news station, newspaper, or Facebook page will likely have a field day painting the HOA as evil but I don’t think they have done anything wrong, just ill-advised. While I would continue towing unmarked cars from the general spaces, I think I would advise a “warn first, tow second” policy towards the designated handicapped spaces. All the best!
Are handicapped parking spaces required at condominiums in Alabama if there are no handicapped residents? If so, should they get a residents parking space in front of their condo? What is the logical solution if their is a requirement for handicapped spaces?
F., unless the condominium association is open to the general public (a clubhouse that is rented out or a golf course where the public an pay to play), condominiums are generally considered private property and are not under any obligation to provide handicapped parking unless they want to or they are petitioned by a unit owner and cannot show reason why they cannot reasonably accommodate the request. Logical solutions abound but there is no legal requirement for the association to make unreasonable accommodations and they typically do not. Good luck!
Hi Mr Condo,
Every parking slot in our condo community has “Parking Permit” clearly labeled in each parking slot except the handicap parking which only has the blue handicap decal and handicap fee sign. California DMV states: “Once you have valid DP placard or DP Licese plates, you may park: … In an area that indicates it requires a resident or merchangt permit.” Doesn’t California DMV rules supersede HOA rules?
M., your California HOA is likely private property and may not be subject to the same DMV parking rules that apply to public parking lots. The Davis-Sterling Act, which contains most of the legal concerns for California HOA residents, is worth a look – https://www.davis-stirling.com/HOME/Disabled-Parking All the best!
Our HOA in California took a resident to court several years ago for repeatedly parking in front of his garage with a handicapped placard. The HOA pulled out its rule book to justify its case. The judge was unsympathetic. He said since the resident had a placard that he could park anywhere in the common area of the HOA he wanted. And the judge said the HOA’s rule were so vague that they were unenforceable. He threw them out.
D.R., thanks for sharing!
We own a commercial unit in a small live/work community comprised of 43 residential units upstairs and 43 commercial units on the ground floor. We have a small wrapped van with a permanent handicap plate. The bylaws say that commercial vehicles of any kind are only allowed on property for loading or unloading. Can they tow me from parking on my property in the handicapped spot. The bylaws also state that every unit shall be allotted at least two parking spots, but no one has assigned spots
E.K., deciding what constitutes a commercial vehicle can be tricky for condo Boards. The commercial wrap on your van may violate your rules but what about the vehicle registration. Is it a commercial registration? If so, that would be a clear violation. However, vans are often registered as passenger vehicles or “combo” depending on the state. The handicap plate issue and the parking allocation are separate issues altogether. Clearly, you are allowed to park a handicap plate on property and it doesn’t sound like there are complaints about the lack of assigned parking as long as every unit can occupy two spaces. If you are towed for having a commercial wrap on your van, I would speak with a locally qualified attorney about whether or not the wrap violates your association’s parking rules. Unless you have commercial plates on the van, it may be an area open to interpretation. Good luck!