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P. Simmons
P. Simmons, Attorney
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I live in a condo building that has 72 units and four dedicated

Resolved Question:

I live in a condo building that has 72 units and four dedicated handicapped spaces. I've been assured that was the zoning requirement in 2007 when condo was completed. The four handicapped spots are being used by owners (all who have legitimate disabilities). However, this leaves not one handicapped space for a guest. Is this a violation of ADA requirements, and if so, how can we cure it?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am sorry to have to bear bad news

For guest parking, condominiums are not required to follow the Americans with Disabilities
Act (ADA), because condominiums are not places of “public accommodation” as defined by the ADA. 42 USC § 12181. So they are different than, for example, a shopping mall, or a restaurant, which are public places of accommodation and must provide appropriate parking.

Now...if a resident has a parking issue? That is a separate matter. Under the federal Fair Housing Act (FHA) and florida state law, residents with disabilities may request reasonable accommodations that enable them to use and enjoy their units in the same way that non-disabled residents would. So if there are not enough spaces for the owners, that can be grounds for a legal challenge.

But the law does not require the condo association to provide separate, handicapped guest parking.

Again, sorry to have to bear bad news.
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27124
Experience: 16 yrs. of trial experience
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P. Simmons
P. Simmons
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16 yrs. of trial experience