CA private lot handicap laws

[jonnex8]

What is the name of your state (only U.S. law)? California

I have a few question from the HOA board of a private condominium complex. If there is a private parking lot that is designated for residents only, are handicap spaces still required? even if there are legally marked handicap spaces available in a non-resident guest parking section of the building already?

Secondly, within the private resident parking area, the spaces are all assigned to specific homeowners with spaces recorded in the trust deed, including handicap spaces. If the handicap spaces are assigned to a homeowner who is not handicapped, can another resident who does not own that handicap parking space legally park in that space? IF he/she does park there illegally, can the owner of the spot tow a car with a handicap placard from that "privately owned" handicap spot?

Thank you in advance for any response!

 

[CdwJava]

What is the name of your state (only U.S. law)? California

I have a few question from the HOA board of a private condominium complex. If there is a private parking lot that is designated for residents only, are handicap spaces still required? even if there are legally marked handicap spaces available in a non-resident guest parking section of the building already?

Secondly, within the private resident parking area, the spaces are all assigned to specific homeowners with spaces recorded in the trust deed, including handicap spaces. If the handicap spaces are assigned to a homeowner who is not handicapped, can another resident who does not own that handicap parking space legally park in that space? IF he/she does park there illegally, can the owner of the spot tow a car with a handicap placard from that "privately owned" handicap spot?

Thank you in advance for any response!

Your city planning office should be able to give you the answer. Generally the number required will be based upon unit density or some such thing.

Who can park in designated spots is something for the association to decide. It would be silly to assign handicapped spaces to non-handicapped users, and could lead to all sorts of troubles because if a space is marked as being for handicapped parking, and a person there does not display a placard, assigned or not they can still get a nasty parking cite from the city.

 

[jonnex8]

Your city planning office should be able to give you the answer. Generally the number required will be based upon unit density or some such thing.

Who can park in designated spots is something for the association to decide. It would be silly to assign handicapped spaces to non-handicapped users, and could lead to all sorts of troubles because if a space is marked as being for handicapped parking, and a person there does not display a placard, assigned or not they can still get a nasty parking cite from the city.

You're right it is silly to assign a handicap space to someone who isn't handicapped. Unfortunately the sales office of the condo did so and it is now the boards problem by inheritance.

So it seems both the owner of the space can get a ticket for parking in a handicap spot, and the NON owner of the spot can be towed for parking in a spot that isn't assigned to him/her at the discretion of the actual owner?

seems like a mess of a situation

 

[CdwJava]

You're right it is silly to assign a handicap space to someone who isn't handicapped. Unfortunately the sales office of the condo did so and it is now the boards problem by inheritance.

And, of course, it will be the problem of someone parked there who gets a $350+ parking citation.

So it seems both the owner of the space can get a ticket for parking in a handicap spot, and the NON owner of the spot can be towed for parking in a spot that isn't assigned to him/her at the discretion of the actual owner?

Apparently so.

seems like a mess of a situation

Yep.

 

[OHRoadwarrior]

Sounds like moving the handicap space to another spot and assigning it to the handicapped individual makes the most sense at this point.