Disabled Parking - Reasonable Accommodation
Unless an association is a commercial CID, the Americans with Disabilities Act (ADA) does not apply. However, the Fair Housing Act requires residential associations to reasonably accommodate a disabled resident's request for special parking. (Shapiro v. Cadman Towers, Inc. (2d Cir. 1995) 51 F.3d 328) Before doing so, there should be a nexus between the disability and the requested accommodation. If an association is going to provide a disabled parking space for the exclusive use of a disabled owner, it can require the owner to surrender their non-accessible parking space in exchange for the space. (Sporn v. Ocean Colony Condominium Association, 173 F.Supp.2d 244 (D.N.J. 2001))
Declining a Request. Sometimes an association is not able to accommodate the request. In a case from Florida, the association refused a disabled owner's request for a handicap parking space because the location he wanted was in a service area already overburdened with service vehicles. The association presented an alternative, which the owner rejected. The court found that the association had acted reasonably and did not violate the Fair Housing Act. (Solodar v. Old Port Cove Lake Point Tower Condominium Association, No. 12-80040-CIV-MARRA, U.S. District Ct., S.D. Florida, Feb. 29, 2012)
In a federal case from New Jersey in which all parking was owned in common, the court held that homeowner associations are obligated to regulate the use of common elements to comply with the FHA's reasonable accommodation requirements for disabled parking. (Gittleman v. Woodhaven Condo. Ass'n, Inc., 972 F.Supp. 894 (D.N.J.1997))
Los Feliz Towers is a highrise condominium tower in Los Angeles with deeded parking spaces that go with units. It has 20 guest parking spaces but no handicapped spaces. It also has a manager's unit with a parking space located on the top level of the underground parking near the entrance to the condominium. A disabled owner bought a van with a lift on the passenger side and requested the manager's accessible parking space. The association refused, and the owner sued. The court denied the association's request for a dismissal and allowed the case to proceed. (So. Cal. Housing Rights Center v. Los Feliz Towers HOA 426 F. Supp. 2d 1061 (District Court, C.D. 2005)
Handicap Parking Placards
California's Vehicle Code § 22511.5 permits disabled individuals with handicap placards to park in designated handicap spaces. However, having a placard does not exempt them from following the association's parking rules. There may be situations where an individual requests a reasonable accommodation regarding a specific rule. Such requests must be evaluated on a case-by-case basis, with guidance from the association's legal counsel.
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