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Handicapped Placard Parking Rules

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Msspeakes

Junior Member
California O.C. Handicapped parking placard law HOA's

Recently I was in receipt of a letter from our community HOA regarding my parking on the premises with my handicap parking placard. They have threatened to tow my car without a HOA community Parking permit. Have requested to use garage. There is no space in garage for me to exit or enter my car safely I live on the premises therefore I should be able to park on the premises. There are no visible handicap parking spaces labeled or available. I have been requested to park my car on the street which is a little bit of a walk from there to my home. The walk causes me pain and discomfort as well as very difficult to walking the distance. What are my options to this I should be able to park near my home with such handicapped I feel like I'm being harassed and discriminated against as a handicapped individual there should be some kind of provisions made for handicapped individuals who live here and are not able to park in their garage. Please advise.
SKS
 

Zigner

Senior Member, Non-Attorney
Recently I was in receipt of a letter from our community HOA regarding my parking on the premises with my handicap parking placard. They have threatened to tow my car without a HOA community Parking permit. Have requested to use garage. There is no space in garage for me to exit or enter my car safely I live on the premises therefore I should be able to park on the premises. There are no visible handicap parking spaces labeled or available. I have been requested to park my car on the street which is a little bit of a walk from there to my home. The walk causes me pain and discomfort as well as very difficult to walking the distance. What are my options to this I should be able to park near my home with such handicapped I feel like I'm being harassed and discriminated against as a handicapped individual there should be some kind of provisions made for handicapped individuals who live here and are not able to park in their garage. Please advise.
SKS
Get a "HOA community Parking permit".
 

Eekamouse

Senior Member
Recently I was in receipt of a letter from our community HOA regarding my parking on the premises with my handicap parking placard. They have threatened to tow my car without a HOA community Parking permit. Have requested to use garage. There is no space in garage for me to exit or enter my car safely I live on the premises therefore I should be able to park on the premises. There are no visible handicap parking spaces labeled or available. I have been requested to park my car on the street which is a little bit of a walk from there to my home. The walk causes me pain and discomfort as well as very difficult to walking the distance. What are my options to this I should be able to park near my home with such handicapped I feel like I'm being harassed and discriminated against as a handicapped individual there should be some kind of provisions made for handicapped individuals who live here and are not able to park in their garage. Please advise.
SKS
Is there no driveway nor carport at your house for you to specifically park in? There's no designated parking for each unit?
 

DeenaCA

Member
The technical term is "accessible" parking space, although I'm pretty sure a parking space doesn't care what you call it. Here's an excerpt from HUD's FAQs on accessibility guidelines under the Fair Housing Act (see http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/fhefhasp):
Q. How many resident parking spaces must be made accessible at the time of construction?
A. The Guidelines provide that a minimum of two percent of the parking spaces serving covered dwelling units be made accessible and located on an accessible route to wheelchair users. Also, if a resident requests an accessible space, additional accessible parking spaces would be necessary if the two percent are already reserved.
So my suggestion would be to request a reserved, accessible space for yourself. I also recommend that you contact a local disability advocacy group for assistance. You can find one at https://www.disabilityrightsca.org/

Here's a consumer website with an understandable explanation: http://www.myparkingsign.com/blog/fha-ada-apartment-building-disabled-parking-rights/. Note that even older buildings are not exempt from providing accessible parking:
There’s no grandfather exception to the ADA; the facility is expected to “remove barriers to access” whenever “readily achievable.” This language does cause a lot of uncertainty, since readily achievable is usually dependent on resources and cost, or on structural barriers. But in the case of parking, which unlike prohibitive staircases or narrow doorways can be comparatively easy to change with re-striping and signage, there should never be any reason not to comply with the law.
 

HRZ

Senior Member
BY law the HOA need only provide such handicapped accessible spaces as are mandated in the ADA regs ...and not necessarily one for you or any other specific person.
 

DeenaCA

Member
This falls under the federal Fair Housing Act (and may also fall under the ADA). Here's an excerpt from the HUD/DOJ Joint Statement on Reasonable Accommodations (https://www.hud.gov/sites/documents/DOC_7771.PDF):
Example 1: A housing provider has a policy of providing unassigned parking spaces to residents. A resident with a mobility impairment, who is substantially limited in her ability to walk, requests an assigned accessible parking space close to the entrance to her unit as a reasonable accommodation. There are available parking spaces near the entrance to her unit that are accessible, but those spaces are available to all residents on a first come, first served basis. The provider must make an exception to its policy of not providing assigned parking spaces to accommodate this resident.
Condo boards and HOAs are covered housing providers who must comply with the Fair Housing Act.
 

Zigner

Senior Member, Non-Attorney
This falls under the federal Fair Housing Act (and may also fall under the ADA). Here's an excerpt from the HUD/DOJ Joint Statement on Reasonable Accommodations (https://www.hud.gov/sites/documents/DOC_7771.PDF):


Condo boards and HOAs are covered housing providers who must comply with the Fair Housing Act.
The HOA isn't refusing her a spot, they are simply asking that she obtain a community parking permit.
 

DeenaCA

Member
There is no space in garage for me to exit or enter my car safely I live on the premises therefore I should be able to park on the premises. There are no visible handicap parking spaces labeled or available. I have been requested to park my car on the street which is a little bit of a walk from there to my home.
From the thread title it appears that the OP is asking about rules for accessible parking spaces.
 

Zigner

Senior Member, Non-Attorney
From the thread title it appears that the OP is asking about rules for accessible parking spaces.
Per the OP:

Recently I was in receipt of a letter from our community HOA regarding my parking on the premises with my handicap parking placard. They have threatened to tow my car without a HOA community Parking permit.
Based on that, it would appear that they have no problem with her parking in the spot and would just like her to obtain a community parking permit. Of course, if the rules for obtaining the permit are onerous, that could be a problem, but if it's just a matter of filling out a form, and maybe even paying a nominal amount ($5?), then it's really not a problem.
 

Msspeakes

Junior Member
Get a "HOA community Parking permit".
they are requesting that I park in my garage is the whole matter which I am on able to do because I feel the garage with my mom and there is no way for me to park my SUV in the garage with my mothers car and enter or exit my car safely as far as the permit goes they need justification on why they should grant me permission as well as a permit to park in the common area a long with proof of my disability.
 

FlyingRon

Senior Member
California calls the "spaces designated for disabled persons" actually.

Your disability doesn't give you any "parking rights." The placard only permits you to park in spaces so designated that are otherwise available under the parking restrictions. HOA common areas are not "public accommodations" so the ADA does not apply. I'm not seeing any way to FORCE the HOAs hand. You'd be best advised to try to negotiate authorization (to include buying a permit or whatever they want you to do).
 

Msspeakes

Junior Member
Per the OP:



Based on that, it would appear that they have no problem with her parking in the spot and would just like her to obtain a community parking permit. Of course, if the rules for obtaining the permit are onerous, that could be a problem, but if it's just a matter of filling out a form, and maybe even paying a nominal amount ($5?), then it's really not a problem.
I wish it was that easy but it's basically every since I moved in with my parents here they have been harassing me about my car they've had it towed they put several slips or parking citations on it even with the handicap placard and then when I went to the Community Association meeting the head female in charge it had an attitude and told me that they get back with me 3 weeks letter iris later I received the letter basically there pressing the issue of parking in the garage when there is no way that I can safely and I even given them permission to come and inspect the garage so that they can see for themselves but she has turned that offer down
 

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