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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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For PaulMJD: VA condo owners w/garage space purchased from

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For PaulMJD: VA condo owners w/garage space purchased from seller with condo-limited common element space paid $12K.HC spouse now granted HC space by BOD but exclusive use of HC space now contingent on the "return" of the limited common element space through Revocable Licensing Agreement. In contact since 4/30 with DPOR and ADA for VA; Joint Statement HUD/DOJ Reasonable Accommodation 5/2004, the BOD of Association is in violation of the intent. Is case law of 2001 valid vs HUD/DOJ 2004?
Thank you for your response and update.

The 2004 reasonable accommodation memo from HUD/DOJ is the current law. In addition, if you paid for the parking spot they cannot take that spot away as we discussed, but they can actually move the spot to a handicapped spot as your permanent parking spot. If they are swapping spots from the garage spot you bought to the permanent exclusive use of a HC spot, then that is arguably going to be permitted.




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Customer: replied 3 years ago.

So If they are swapping spots from the garage spot we bought to the permanent exclusive use of a HC spot, then that is arguably going to be permitted. My husband has in own car; I have my own car. He parks his in the HC hatched space and I park in the garage. Condo rules allow 4 vehicles for our size unit, we have only 2. If I understand correctly, you are saying that the outside HC parking swap exchange for the indoor garage space is considered reasonably accommodating even though HUD/DOJ specifically states there can be no fees or deposits for exclusive HC parking?

Thank you for your response. If you paid for only one spot they can argue that they are giving you that one spot and it is the exclusive use of the HC spot, which as I said a good argument for them, but you also have the argument in the joint report that they are not supposed to charge and you are entitled to your garage spot for your car.
Customer: replied 3 years ago.

Thank you. The BOD has given rights to appeal the decision of the BOD and, based on your answer, I now intend to use HUD/DOJ 2004 as argument--that we cannot be charged a fee or deposit for the HC space. Prior to their meeting to discuss our issue, we circulated the HUD/DOJ 2004 to all the BOD members at the request of VA DPOR Fair Housing stating we wanted to keep the issue within the Association vs going to outside agencies for redress. But we still got the same ruling--the requirement to swap one space for the other. I will be speaking with DPOR VA investigator on Monday to determine if I should first file an appeal with the BOD to defend DPOR interpretation of the HUD/DOJ 2004 before actually filing a formal complaint--which DPOR has encouraged us to do and has prepared awaiting signature. The BOD has accommodated him, as they must because he requested it based on his disability and does not cost the housing provider undue financial hardship: it instead causes us financial hardship. The HC space grant is still conditional for our use and enjoyment of our residence, which DPOR states is in violation of HUD/DOJ because we have not been fully and agreeably accommodated. I have learned much from our discussions--but discovered and wanted to share that Associations are not required to have formal structure for requesting reasonable accommodation--HUD/DOJ encourages but it is not a requirement. Do you want to know the outcome when it arrives?

Thank you for your response.

I would indeed argue the HUD/DOJ memo as your argument and state that it overturned the alleged 2001 case the BOD is trying to use. You should exhaust your remedies with the BOD first before going through the DPOR complaint process. The BOD does not seem to understand that they have a duty here that can cost them a pretty large civil judgment if the continue down this path.
Customer: replied 3 years ago.

Bless you. Thanks.

Thank you.
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