When do condominium associations need to designate handicap parking spaces?

Accordingly, when there are not enough designated handicap parking spaces to accommodate the co-owners, the condominium association may be required to designate additional parking spaces. However, this does not necessarily require the condominium association to designate parking spaces for exclusive use of a handicapped co-owner.

When does a condominium association need an accommodation?

Smith & Lee Assocs., Inc. v. City of Taylor, 102 F.3d 781, 795 (6th Cir.1996). An accommodation is necessary if, “but for the requested accommodation, [the plaintiff] ‘likely will be denied an equal opportunity to enjoy the housing of [his or her] choice.’

Is there a parking area in a condominium?

Finally, it is also possible that parking areas exist in units, which is commonly a garage or a driveway in a site condominium.

Can a disabled co-owner request a reasonable accommodation?

Depending on the facts and circumstances, a disabled co-owner may be able to request a reasonable accommodation related to parking that would allow for them to deviate from the normal parking restrictions or rules.

Is the condo association responsible for wheelchair ramps?

If the proposed option is more expensive than the owner’s requested option, the association would be responsible for the additional cost. An association rule prohibiting permanent wheelchair ramps is likely invalid under the Fair Housing Act.

Can a condo association make a reasonable accommodation?

Sue, federal law requires that the association make a “reasonable accommodation” when an owner requests it. Installing a ramp that blocks the emergency egress from the building in violation of the building code (which requires 36″ clearance for egress) is probably not reasonable.

Are there handicapped parking spaces in condos and co-ops?

Fair housing mandates compel those responsible for management of condominiums and co-ops, as well as developers, to make specific arrangements for the parking needs of disabled persons. In this article the authors provide detailed reviews of the legal requirements to provide for handicapped parking facilities in multi-family housing facilities.

Are there any parking requirements for a condominium?

Check to see if your state has Fair Housing requirements that your condominium must comply with. If not, you may be on your own. Certainly most associations will do their best to honor the request. However, due to the nature and general lack of available space for parking, it is not always practical for them to do so.

Do you have to have handicapped parking in your home?

Perhaps your developer was required to include a certain number of handicapped parking spaces to get zoning approval. If that wasn’t the case, and your local zoning regulations don’t including handicapped parking requirements that cover your association, you may not be off the hook.