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Reserved handicap spot private property

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Kate11

Junior Member
Michigan. I have lived in my apartment for 3 years. There is one handicap spot out front it is labeled "reserved H202" it was given to this old lady who lived here for 20 years, they put the sign up to reserve her a front spot, she died & they never took it down. Upon moving in Management told me it was not reserved for anyone anymore & is not really a handicap spot, anyone can park there. (I think they should remove it)

Is it legal to have a handicap space on private property that is not handicap accessible?

A new neighbor moved in & called the police bc I was parked there (of course my handicap plate was removed last month!) so I got a ticket.
[none of the other buildings have handicap spots only ours bc of the old tenant]
I have also heard that regardless of what management told me if its got a sign then it's a handicap spot & is reserved.

Any help understanding the law on this would be great
 


justalayman

Senior Member
Is it legal to have a handicap space on private property that is not handicap accessible?
Huh? Kind of hard for a flat parking lot to not be handicap accessible.



the only thing that matters is:

does the space meet the requirements of the law to be considered to be a HC space and if it does, does the car parked in the space have a HC permit or plate. Since you don't have a permit or plate, it needs to be determined if the space meets the requirements to be considered a HC space. Describe the space. Is there a sign? If so, what is written on it? How is the space marked on the ground? Color of paint used?
 

justalayman

Senior Member
(5) Notwithstanding the requirements of the uniform traffic code, a sign designating a parking space for persons with disabilities shall be 12 inches by 18 inches or larger and shall be either blue or white and at a minimum contain the international handicapped symbol in contrasting colors of either blue or white in the center of the sign.
there is the only information I can find specifying how a space must be marked. I found nothing in the Uniform Traffic Code on the issue.

The only possible out would be if...



(s) In a parking space clearly identified by an official sign as being reserved for use by disabled persons that is on public property or private property available for public use, unless the individual is a disabled person as described in section 19a or unless the individual is parking the vehicle for the benefit of a disabled person.

You could argue the apartment parking space is not a private property available for public use. I cannot say with any certainty one way or another how Michigan defines a parking lot of an apartment complex. On the side that it would fit within the law, the public is allowed to enter private property unless given notice that entry is prohibited without permission. Is there a sign when entering the apartment complex stating anything of the sort?
 
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xylene

Senior Member
What management told use was bunk - unless they were willing to and actually did remove the handicapped parking signs and insignia...
 

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