S.G. from outside of Connecticut writes:
Dear Mister Condo,
If you live in a 80-unit condo how many handicap parking spaces are allowed?
Mister Condo replies:
S.G., regardless of the size of the condominium complex, the answer to your question lies in the specific use of the property as it was outlined when the condominium was given the right be built. For the most part, condominiums are privately owned residential real estate. As such, they are not subject to the same laws (like the Americans with Disabilities Act or ADA) that require public places to offer handicapped parking accommodations. That’s why you’ll always see plenty of handicapped parking at shopping malls, sports complexes, restaurants, etc… Condominiums parking lots are generally built to reflect the needs of the intended residents. That doesn’t mean they don’t need to take into consideration request for handicapped parking from residents who ask but they may not be legally bound to provide it. For instance, if all of the units within a complex come with two assigned parking spaces, a handicapped space may not be required because the unit already has assigned parking. If the parking lot was for general use and had no assigned parking, a resident could request the Board to designate handicapped parking closer to the building. While the Board may not be under any direct law to provide the parking it would have to review the request and then try to make “reasonable accommodation” or come with a pretty good reason why it couldn’t. The Federal Housing Administration (FHA) might step in if they were contacted with a report of a handicapped person being denied any parking at a condominium but only if there were no assigned parking spaces and the Board flatly denied addressing the concerns of a resident who requested the handicapped space.
Some states have their own laws regarding parking and handicapped access. Check to see if your state has Fair Housing requirements that your condominium must comply with. If not, you may be on your own. Certainly most associations will do their best to honor the request. However, due to the nature and general lack of available space for parking, it is not always practical for them to do so. Good luck!
The answer may also depend on whether there is a business on the premises open to the public. For example, it is common to see a realtor office in a large condo building. If so, this might make the building subject to A.D.A.
On the end, the best answer is to consult a lawyer – the answer might well depend on a variety of details specific to your situation.
How Many Handicapped Parking Spaces Required at a Condo? http://t.co/iCoQzMp6Yz
I had a parking given to me on request, was later,destroyed by a resident and recently I request my parking because my medical condition again,they have not replied to me despite I gave them my disability signed by a judge.
I live in a 48 unit condo in Staten Island New York. Do you have the text that applies to my city and or state. Thank you! – D.S.
D.S. I am not aware of any local rules or laws that would apply to a privately owned condominium association. The ADA applies to public businesses and a condominium association is a private business which is not typically subject to those laws, unless they are operating a business on the grounds (a golf course open to the public, for instance).
I live in a CT condominium with 26-units. The buildings (expandable condominium) were first constructed in 1983, 1986 and 1991. Part of the development plan as approved by the city required there to be at least 2-designated handicapped parking spaces within the 3-building complex.
Recently the Board has designated both handicapped parking spaces “visitor spaces” as they are nearest to units owned by Board members, and those Board Members are using the now “visitor spaces”. What action can an association member take to require the Board to convert the now “visitor parking spaces” back to designated Handicapped Parking spaces?
David, the plan approved by the city can be cited but the Board is the ultimate authority on how the common parking areas are used. I am sorry they removed the designated handicapped spaces but other then asking them to reconsider their decision, I don’t think there is too much else you can do about it. You can report the change of use to the city authority that approved the development to see if they will take action but I doubt it. You can elect new Board members when the time comes or you can run for the Board and attempt to influence the process from within the Board but other than that, the democratically elected members of your Board are the voice of the community and they have the final say on how the parking spaces are used. Good luck!
I own a Condo in Delaware with 82 units. Council has redone the parking lot and in the front of building the made 13 handicapped parking spot. Before this was done we had sixteen spots some of them were in the side parking lot we have a ramp going up the sidewalk where we can walk to the front of the building. Our council is down to 2 people because two members resigned because of conflict, these two members did not ask the owners for our opinion on the number of handicap spots we feel is necessary. Can you Please help me by letting me know if they did right because we have a lot of senior citizens living in the building that have various types of disabilities that need a parking spot. I would also like to say that we have one man here that had his doctor write him a script for a placard he has told us that he has COPD but has been seen running around the building to get one of his vehicles and bring up front when a spot is available. What if anything thing can be done to stop possible fraud?
Linda, you closed your question with the phrase “fraud”. I see no evidence of any fraud here. The Council is composed of democratically elected members from your association. The Council oversees the common areas, including the parking lots. They are the responsible party for managing the parking area and they can certainly determine the amount of parking spaces they wish to dedicate to handicapped parking. Owners, including yourself, are free to ask for more handicapped parking. The Council is not under obligation to provide it and may feel that 13 spaces is enough. If you don’t like what your leaders are doing, elect new leaders. With two members having recently resigned, there are already two openings that you or another like-midid member could run for and fill. Good luck!
Is there any fixed percentage requirement to provide for handicap parking spots in condominium buildings?
How many parking spots should be provided to handicaps in a 251-apartments building? It presently has only four.
Regards.
Z.J., typically, there is no requirement for a set number of handicapped spaces at condominiums that are considered private property. If the condo has areas that are open to the public – say a restaurant or clubhouse they rent out, they may face restrictions not he part of the property they use for commercial purposes. However, I suppose you are inquiring about unit owner parking. Unless your local government has laws about private property and handicapped parking (most don’t), the Board is free to use it’s parking lots as it sees fit. You can always ask for more handicapped parking but they are not under any responsibility to provide it. Good luck!
How can I request an inspection from the city of Coral Gables since a real estate agent converted an original disabled parking spot to a primary parking space to sell with an apartment?
R.N., unless the association parking lot is owned by the city of Coral Gables (highly unlikely), the local building inspector won’t have any say on what has been done on private property, which is what your association is. The real question here is whether or not the real estate agent had the Board’s permission to convert the space or if the space was actually deeded to the unit that was sold. You would need to look at the original land records to see if the space was deeded to the unit. If not, the Board is the only body with the authority to convert the parking space. Send a complaint to the Board and let them handle it. Good luck!
82 unit 50 or more years old formerly rented apartments converted 2004 for condos many buyers do not reside here units are being rented, has only one hc parking space can rented units by speculaters investors be regarded as businesss subject to providing more than only hc parking space for remaining owners HOW DO I ENFORCE hoa to provide more hc spaces
H.F., it depends on the parking lot ownership. If the spaces are deeded to the units (unusual but not unheard of) the spaces are already assigned and there is little you can do. However, if the parking spaces are owned by the association, you can petition the Board to grant your request. However, the Board is generally under no responsibility to provide handicapped parking. I don’t think your definition of a “business” is correct here even though there are a majority of rental units. The business rule applies if they are amenities that are rented or sold to the general public. A clubhouse that is rented out to non-members for instance. Other than that, the Board makes the rules on how the parking spaces are used. Good luck!
I live in a condo with 5 buildings, 12 units in each building. A few weeks ago I came home and could not park in front of my condo, so I parked down a little further where it is not lighted as well. As it had snowed, I was trying to be very careful not to fall. The sidewalk I am referring to had at least 2 inches of ice. I am 68 and have fallen before and injured my back, so I was trying to be so careful.. My question is who is responsible if I would he fell outside on the ice and injured myself? Thank you
J.F., I am sorry that you are finding Winter parking a challenge at your association. Should you, or any other unit owner or guest experience a “slip and fall” type of accident, it is very likely that your attorney would advise you to sue the association. The association typically has the final responsibility for making sure parking areas are safe and free of snow and ice. I hope you and your fellow parking lot users stay safe and injury free. All the best!
Where in the Code does is state that ADA codes apply to Public businesses (or building)s vs. Private residences (Condos)?
M.C., I don’t believe those exact words appear anywhere in the code. However, the “reasonable accommodation” standards that apply to condos is different than that of a business, which must comply regardless. It is often not “reasonable” for a condo to dedicate handicapped parking because parking is in such short supply. That doesn’t mean the condo can ignore a request; it just means they may not have to offer handicapped parking if it is not “reasonable” because it creates a shortage of parking for non-handicapped residents. In reality, many condos do offer handicapped parking and regardless of whether they do or not, they must still abide by the ADA and FHA rules. For more information, kindly contact an attorney who specializes in ADA law.
How many handicap spots are required for a condo with 125 spots in Michigan?
B.M., there may not be a requirement per the association’s governing documents to have any handicapped parking spaces at the condo, especially if the condo parking lots are entirely owned by the association (typical). Your town or state may impose its own guidelines or requirements but even that is unusual. If your association rents out any amenities (club house, pool, etc.) then the association may be held to a different standard than true private property. If any unit owners request handicapped parking for themselves or for guests, the Board would be obligated to review the request under FHA guidelines which would require that the association offer handicapped parking unless the request is unreasonable. That creates a grey area open for interpretation between the association and the owner making the request, which can often end up in court. Check your documents, check your state and local laws, perhaps even consult with the association’s attorney to make sure your association is compliant. All the best!
I live in a condo in NJ and have a valid NJ handicap plackard. Can The condo leagally prevent me from occasionally parking in one of our designated handicap parking spaces when I find it difficult to walk to the building entrance from my regularly assigned space.
H.L., as long as you have an assigned space where you can park, the association may not be under any other obligation to allow you to use a designated visitor handicapped space as those spaces are intended for visitors, not unit owners. However, there are always exceptions and you could certainly explain your situation to the Board to see if they can accommodate you. If you feel you are being unjustly treated, you might eat to speak with a locally qualified attorney who could better advise you of any additional rights you might have under the FHA’s ADA requirements. Typically, condos with limited parking resources can find a specialized request “unreasonable” due to the few number of parking spaces available to the entire community. Guest spaces that are designated for guest use are typically not for the use of owners but it wouldn’t hurt to ask. All the best!
I live in a condo in Miami, FL where there are businesses (real estate office, convenience store, restaurants, coffee shop) on the main level of our building. We have assigned parking, but have valet available for our guests.
Recently my mother who is in a wheelchair came to visit me and they told us that there is only one handicap parking space available for guests. However, that one spot seems to be taken up by the same car everyday. I have also been told that there are at least 1 handicap space on each level of our parking garage for our disabled residents only.
I’d like to say something to the management/association about this since that one handicap spot never seems to be open for guests. They wanted my mother to pay $24/night to valet her van. I understand that I live in a great area and most condos and apartments in the area are valet only, but I feel like they are abusing that one guest spot. I’d like to suggest that they have that one car park in one of the handicap spots available on the other levels as it looks like that person must live here since the car is there everyday. This will help ensure that the one guest handicap parking is available for actual guests. Before I say anything, I’d like to know what my mother’s rights are as a visiting guest, so that I can better defend my argument. Do we have any rights?
D.G., I am sorry you find yourself in this situation. It would appear that you have found someone abusing the designated disabled parking space you would like to access. It is up to the Board to enforce the parking restrictions and unless someone like you complains, they may not even know there is a problem. I am not an attorney so I can’t advise you of you or your mother’s rights in this situation but I do think that it begins with a conversation between you and your Board to alert them of the problem and allow them to respond. If you don’t like what you hear, there are plenty of attorneys that specialize in ADA rights that would give you a legal opinion as to what your next steps might be. Good luck!
I own a town house in Miami, FL. My father in law recently moved in with us and he has his handicapped sign. I asked the Board to please let him park in one of the handicapped spots near our property. However, they said NO even though those spots are not being used for any other resident. Instead, they assigned one parking space very far from the property, he has to pay for it, and he has to walk a lot. My question, is that legal? Can they deny our request? Besides, they told me that the handicapped parking are all assigned to visitors, it says VISITOR on the blue pavement. Thank you for your advise.
A.V., since I am not an attorney, I offer no legal opinions here. You should consult with a locally qualified attorney for a legal answer to your question. I will say that the Board did hear your request and they denied your request. That standard for denial of such a request is typically “reasonable accommodation”. Assuming they could not “reasonably” accommodate the request, there may be no harm, no foul. Please consult an attorney for a legal opinion. All the best!
I live in a Condo I have assigned handicap parking however when I go out in another cari take myplacard with me. I moved my car out of the handicap spot so I did not get a ticket for the placard missing. Someone turned me in for moving my car out of handicap. Am I wrong or right for moving my car. Cause Hoa said that if I move my car again the will ticket me for not following rules.
C.E., I am sorry for your situation. If your car is not parked in the handicapped area, why are you getting a ticket? What rule is the association claiming you violated? When you are parked in the handicapped area and display your placard, there is no problem. Once you remove your car from the handicapped area, it is no longer using a handicapped space and requires no placard. As long as you are following all of the other rules for parking on association grounds, I don’t see where you are breaking any rules. Now, if you simply remove your placard and leave your car in a handicapped parking area, you are breaking a rule. However, that is not the situation you have described at all. I would fight the ticket and even consider filing a discrimination suit against the association. My guess is they are interpreting their own rules incorrectly. Good luck!
Is there a time limit that a car with a handicap placard can park in a handicap spot? It’s at a condo’s private parking lot, in a designated handicap spot.
Thanks,
Peter
P., that would be up to the association as prescribed in their rules and regulations.
Does a condominium association in Pennsylvania have to provide individual personalized handicapped parking spots?
J., generally speaking, no they do not. A resident requesting handicapped parking should petition the Board in writing to provide handicapped parking and the Board needs to consider the request. However, the current standard for most condos allows the Board to deny the request if it is no cannot be “reasonably accommodated”. The typical condo parking lot is jam-packed with resident parking so many Boards are covered when they reject the request. Additionally, the request for an “exclusive use” space is commonly denied for the same reason. If you feel the association isn’t giving the request proper consideration or that the request can be accommodated “reasonably” as defined by the standard, you may wish to seek a proper legal opinion from a qualified attorney. All the best!
I am the president of my 55 unit condo association. A tenant who has lived here for about 5 years has a slight handicap (uses a cane) and he’s about 45 y/old. About 2 years ago I allowed him to park his business vehicle (he gives driving lessons) in our only handicap parking. Some people complained but eventually we let him. His wife also uses another handicap spot not far from this one on the public street but she is not handicapped. They take turns parking the vehicles to claim both spots. He just recently had a fall while waiting for the elevator and fell backwards. He claims he injured himself but we have photos and videos of him giving driving lessons to people the very next day and he did not call 911 to file a complaint. And of course, he is trying to sue us.
Since he and his non disabled wife are both using handicapped parking spots, can we take his away while we sort this lawsuit issue? He refuses to speak to us and we already received a threatening letter from his attorney. I’d appreciate a response. Thank you very much.
M.A., once the attorneys are involved, it is best to follow the advice of your attorney. A misstep in handling this properly could open up the association to all kinds of legal trouble and lawsuits. Tread lightly and follow the advice of the attorney. This is what you pay your attorney to do: keep the association out of legal trouble. All the best!