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Parking in disabled spot on private property

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AZstudent

Junior Member
What is the name of your state (only U.S. law)? Arizona

I live in a 44 unit, private, gated condo community in Paradise Valley. There are only 7 parking spots inside the community. 4 are handicapped. There is only 1 resident with a disabled plate. As a community we have agreed 3 of the disabled spots are up for grabs with residents. Every day they are filled with non-disable vehicles.
I woke up to find a $370 parking ticket on my windshield. It was from a Scottsdale police officer, not Paradise Valley.
I would appreciate any advice, expertise, experience, etc.
Thanks.

AZstudent
 


AZstudent

Junior Member
AZ traffic court

From the short research I have done on the internet, it varies between HOA's. If it is a private residential street owned by the home owners and not by the public, then police officers do not have jurisdiction. I do not know if Arizona's laws are different, but that is how it was when I lived in Indianapolis. Since it is the weekend, I have not had a chance to speak with my HOA representative.

When I contest the violation, does the officer who wrote the ticket have to show up to court? If so, what happens if they don't?
Any idea how long that process usually takes?
Thanks.

AZstudent
 

The Occultist

Senior Member
AZ is a bit different. Firstly, state laws REQUIRE such private properties to have, and enforce, handicap parking laws. How many spots must be designated is based on total number of spots.

Secondly, the officer will not be showing up to court. For the record, the only times I have ever heard of somebody getting out of a ticket like that in AZ is because of a defect in the ticket. Good luck!
 

cyjeff

Senior Member
I want to echo the above.

The apartment complex does not get to decide the number of handicapped spots they must maintain.

The apartment complex does not have the authority to decide what laws are observed within the complex.

The fact that the apartment complex is gated does not prevent police/fire/ambulances from monitoring the complex.

Pay the ticket. And then go yell at the management of your apartment complex for being idiots.
 

Ozark_Sophist

Senior Member
And no one at your complex has visitors? Who might need a handicap space?

Pay the ticket.

ADA is my area of interest. The Occultist is somewhat correct that the number of handicap spaces are determined by the overall number of parking spaces in a public lot. However, a residential lot differs given the number of units and how many units are designated accessible.
 
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Alex23

Member
I wonder if this situation will re-occur or if it was a one-off and you can keep parking on those blue spaces without restriction.
 

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