Legal Question in Disability Law in California

Condo parking space for disabled placard holder.

Each condo owner has two assigned parking (tandem - back-to-back parking) spaces.

Additionally the condo complex has 2 disbled person GUEST parking space.

Current condo HOA parking policy states that residents cannot park in the guest parking.

Can a resident demand to use (in addition to his own assigned parking space) the GUEST disabled parking space all the time since he has the disabled person placard? Thank you.


Asked on 10/31/10, 2:16 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

This is a field that I do not know that much about, but logically the answer would be no as to the tenants demand. It is not unreasonable for the complex to hold that residents can not use the guest spaces, as otherwise people could not have guesses over. If the two handkicapped spaces are right next to the complex club house, it might not be unreasonable for a handicapped resident to ask to be able to park there while using the clubhouse. But parking there full time would defeat the purpose of the mandate of disabled parking to provide equal access because now non-resident handicapped people would have one fewer spaces available. Ask the tenat who is making the demand if they think that is fair and why do they want to walk the extra distance to that space?

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Answered on 11/05/10, 2:41 pm
Terry A. Nelson Nelson & Lawless

No. What part of the word 'guest' don't you understand? The number and location of handicap spaces were legally designated as part of the original building permit process. If the mgmt allowed you to appropriate one, would they do when the next handicap guest wants to use it and complains it is unavailable? You have your spaces, just like everyone else.

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Answered on 11/08/10, 10:04 am


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