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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11909
Experience:  Licensed Texas General Practice Attorney
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As a disabled person with disability license plates on the

Customer Question

As a disabled person with disability license plates on the car, is a diabled person permitted to park the vehicle in a designated disability space at their private condominium without moving it during a period of time that exceeds 1 month?

The owner of a unit has been provided 1 parking space with the condo purchase, has also been provided valet service at no charge for a second car and also the right to purchase additional parking spaces.


Is the condominium association able to enact rules to protect others with disabilities who essentially are inconveienced and prevented from using a handicap space by an abuser of the system
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

while the condo has an obligation to provide a handicap parking space, and an act reasonable limitations as to how long a vehicle can be parked in any given position. Under the Florida fair housing act, the condo has an obligation to reasonably accommodate the disability of any of its members. As to what constitutes reasonable accommodation, a close parking space (even if it's not a handicapped parking space) to the owners unit would usually be a reasonable accommodation. So long as it is not discriminatory against disabled people, but rather reasonable restriction for the benefit of all of the disabled individuals, so that no one will take advantage of the system, then it would not violate any laws. You could have a rule that says car cannot be parked for more than X days in a handicapped parking space that is not designated as a residential parking space.

ScottyMacEsq :

And you could tow the vehicle if there is a violation of that rule.

ScottyMacEsq :

So long as you reasonably accommodate the disabled individuals disabilities, then they won't have anything against you.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

Customer :

Thanks. Part of my question dealt with multiple vehicles of the same owner with more than 1 vehicle in a handicap spaces at the same time. The problem here is that the abuser is using 1 or 2 handicap or disability spaces a his 2nd and 3rd personal space thereby preventing other handicapped individuals from using the space. I wish to present your answer to at the Condo meeting but I am unable to print it from your form and there are some spelling and syntax errors like "an act" instead of" enact". If you could email me a written response so I can print it and complete the answer as indicated I would appreciate it. I am also an attorney in NJ although I do not work very often as I am partially retired and stay in Florida for almost 8 months annually. Phone XXX-XXX-XXXX; email XXXXX@XXXXXX.XXX

ScottyMacEsq :

Apologies for the delay. My internet stopped working momentarily.

ScottyMacEsq :

Unfortunately I cannot access your address or contact you off this site (per JustAnswer terms of service). By the way, I apologize for any errors in this answer. I am using a voice recognition program, and while it is accurate most of the time, is not 100% accurate, so if there's something that doesn't look quite right, or appears out of place or not grammatically correct, the reason is likely the software that I'm using. If will try to catch any errors, but if if you need clarification at the end, please let me know.

ScottyMacEsq :

After you rate this answer, it will switch to a Q&A format (you may need to refresh the page after rating) at which point you'll be able to print this information.

ScottyMacEsq :

While the condo has an obligation to provide a handicap parking space, it can enact reasonable limitations as to how long a vehicle can be parked in any given position. Under the Florida Fair Housing Act, the condo has an obligation to reasonably accommodate the disability of any of its members. As to what constitutes a reasonable accommodation, a close parking space (even if it's not a handicapped parking space) to the owners unit would usually be a reasonable accommodation. So long as it is not discriminatory against disabled people, but rather a reasonable restriction for the benefit of all of the disabled individuals (so that no one will take advantage of the system) then it would not violate any laws. You could have a rule that says a car cannot be parked for more than X days in a handicapped parking space that is not designated as a residential parking space, as well as a rule that says that only one vehicle of a member at a time can be parked in a handicap parking space. Again, it's a "reasonable" accommodation. Requiring more than one disabled parking space for one disabled resident would almost certainly be "unreasonable".

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

ScottyMacEsq :

(as for the multiple vehicles, I hope I was clear in that the condo association only has to provide reasonable accommodation for that disability... that does not mean that it has to provide multiple disabled parking spaces, but only one, because only one is needed to accommodate the disability)

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

ScottyMacEsq :

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

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