Handicap parking

3 Replies

In a condo complex with no driveways or garages, what are the regulations regarding handicap parking? The bylaws state that street parking is allowed when it does not create a hazardous condition providing an emergency vehicle is able to get by. The homeowner is requesting permission to park on a curve in a place that would make it treacherous for a firetruck to pass. The homeowner walks with a cane and is requesting either street parking or a cut out in front of their home on the street. Does anyone know the legalities?

Fair housing laws require that you make "reasonable accomodation". It is not reasonable to allow them to park in a place that creates a hazard for other traffic. It might be reasonable to allow them to put in a parking spot - but you aren't required to pay for the costs involved. 

Handicap accessibility requirements are Federal Law.  Below is a link to the 2010 ADA Standards which is free to the public. 

Ultimately, the homeowner will win the right to park close to their house and have a curb cut and new sidewalk installed at the condo's property owners expense.  The homeowner can sue or file a complaint to Dept of Justice for not providing this due to discrimination.  Once the homeowner starts a lawsuit the Federal govt will step in and sue in in behalf of the homeowner.  In the end the homeowner will win the case and pay nothing to sue and have legal counsel at tax payers expense.   

I would concede quickly to their reasonable request. The owner of the condo complex could be required to make additional changes to the condo at their expense if this goes to court. Fair Housing Act plays a role in this as well. Fair House Act and or HUD should fall under the Uniform Federal Accessibility Standards (link).   There is also a helpline for additional information.  

Ask yourself... "For a few thousand dollars is it really worth the headache?"  Best of Luck!

http://www.ada.gov/2010ADAstandards_index.htm

http://www.access-board.gov/

Free eBook from BiggerPockets!

Ultimate Beginner's Guide Book Cover

Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!

  • Actionable advice for getting started,
  • Discover the 10 Most Lucrative Real Estate Niches,
  • Learn how to get started with or without money,
  • Explore Real-Life Strategies for Building Wealth,
  • And a LOT more.

We hate spam just as much as you