Special offer

Should There Be a Reserved Parking for the Handicapped in a Community Association?

By
Real Estate Agent with Team Realty and Investment Solutions

According to the Federal and Florida Fair Housing Act, a housing provider whether in a single home setting, condominium or HOA, is required within reasonable accommodation to offer a reserved parking lot to a handicapped occupant. This is when the handicapped occupant has demonstrated an entitlement to owning such parking. The act does not speak on assignment of parking space specifically but gives a view of what happens in such a case.

 

If a community has allocated parking spaces that are limited to each unit, in this case they do not have to offer reserved parking to a handicapped occupant as this interferes with accommodation laws for unit owners in a HOA. However, in a community where parking spaces are in plenty and none is allocated to specific unit owners, in this case an association is required within reasonable judgment to offer an allocated parking space for a handicapped unit owner. The unit owner in this case will still be required to demonstrate entitlement to such a reserved parking.

 

The governing laws of an association could also determine the possibility of a handicapped unit owner getting their own reserved parking. If the rules of an association allow for a reserved parking, then it's offered to the handicapped unit owner and even marked as such. If the rules are different, then within reasonable entitlement will the association decide if it's possible or not.


 

Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Yes, yes yes!

One of my pet pieves is people parking in disable spots - it sends me up the wall

May 26, 2016 07:10 PM