Arizona HOA question - can a disabled person come into the community and demand a parking place for a handicapped van with their name on it
State/Country relating to Question: Arizona
Thank you for your question.Does the HOA have assigned parking at this time? Does it also have handicapped parking?
No and No
Thank you for your patience.Does the HOA have ANY parking at this time, and if so, how many spots approximately?
They have what they call guest parking, it is not all together I would estimate that they have 12 parking places for quest scattered throughout the complex. This community has 136 units
Thank you for your patience.Under the ADA (Americans with Disabilities Act of 1990), a parking lot above a certain size must maintain handicapped parking. In that sense the other person is within his rights to demand that at least one spot be made handicapped.However, the HOA does NOT have to "assign" this spot to anyone, or hold it specifically for him. That spot is as accessible to anyone visiting or living there who may also happen to be handicapped. Therefore he has no right to demand that of the HOA. Now, the HOA may possibly choose to "sell the rights" of the spot to him, for a fee, but only if the HOA members agree--in that situation his name may well be placed on the spot, but otherwise the HOA is not at all obligated to oblige him.Hope that helps.Dimitry Alexander Kaplun40423.2784982639
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin
I understand however, they a threating to sue this HOA if they can not have there way. And they appear to have let this huge van that is not owned by the disabled person. It only picks takes the girl wherever she wants to go and her care givers are parked in the Driveway and the girls mother has said that she does not want the big van in her parking place because it is ugly therefore they are demanding the spot in front of my condo and that does block the view when I am trying to back out of my garage. So is the HOA being stupid on this point?
Thank you for your question.Unfortunately we live in a country where anyone can sue anyone else over the least bit of provocation. Therefore if they threaten, yes, they can choose to do so. In that situation suing for the fact there is no parking space is legitimate, but suing over assigned parking is not. I do suggest that at this point the HOA invest money into an attorney that has experience with real estate law, constitutional law, administrative and zoning, and also discrimination law. The HOA is being short-sighted, because if they end up getting sued, they will most definitely lose at least a portion of the case.Good luck.Dimitry Alexander Kaplun40423.2862030093
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