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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 9396
Experience:  Just Answer consultant at Self employed
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We have a property management company, and I've requested

Customer Question

We have a property management company, and I've requested Invoices on Items where they have spent money to the point they are already over the allotted budget for the year. Where they are located there is no handicap parking close, & I'm in a wheelchair. So I must park a block & a half away on the other side of the street & there is no crosswalks or traffic lights & cross over 4 sets of railroad tracks to get to their office to go through their monthly Invoices to find what I'm looking for, copy them then go back the same way to my vehicle. I requested that they email these to me, and their response was "I understand the parking can be difficult and if you are alone even more so, we are always here to open the door however!! Then a smiley face... "I do not have the additional man power to make copies and/or scan everything for all the requests, for that I am sorry." But I can go there as I already mentioned. There are in Old Melbourne, FL. small streets, congested area...
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.
I am sorry to hear this; it will be a few more minutes please as research this.
Expert:  legalgems replied 1 year ago.
Thank you for your patience.The Department of Justice will actually issue fines to businesses that fail to abide by the ADA. However, damages may also be awarded to individual plaintiffs. People with disabilities continue to face architectural barriers that limit or make it impossible to access the goods or services offered by businesses. Examples include a parking space with no access aisle to allow deployment of a van's wheelchair lift, steps at a facility's entrance or within its serving or selling space, aisles too narrow to accommodate mobility devices, counters that are too high, or restrooms that are simply too small to use with a mobility device. The ADA requires that small businesses remove architectural barriers in existing facilities when it is "readily achievable" to do so. Readily achievable means "easily accomplishable without much difficulty or expense." This requirement is based on the size and resources of a business. So, businesses with more resources are expected to remove more barriers than businesses with fewer resources.Readily achievable barrier removal may include providing an accessible route from a parking lot to the business's entrance, installing an entrance ramp, widening a doorway etc. This includes the types of businesses that must comply with the ADA (ie if they provide goods or services to the public they must comply); http://www.ada.gov/smbustxt.htm That link also discusses parking and accessibility.Also please see:http://www.disabilityrightsflorida.org/our_work/servicesThat is a FL non profit that advocates for this very cause. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 1 year ago.
Here is a link to the complaint process for the Department of Justice:http://www.ada.gov/filing_complaint.htm
Expert:  legalgems replied 1 year ago.
Here is a summary of FL law, which is more progressive than most states:http://www.miamidade.gov/permits/library/brochures/disabled-access-requirements.pdf This specifically discusses parking:http://www.ada.gov/restribr.htm Page 45 addresses parking here: http://www.floridabuilding.org/fbc/committees/accessibility/aac/Changes_to_Law/2012_Florida_Accessibility_Code_Final%20.pdf
Expert:  legalgems replied 1 year ago.
If the building is old (pre 1991) they still must make reasonable accommodations per this subsection:(e)1. The removal of architectural barriers from a parking facility in accordance with 28 C.F.R. s. 36.304 or with s. 553.508 must comply with this section unless compliance would cause the barrier removal not to be readily achievable. If compliance would cause the barrier removal not to be readily achievable, a facility may provide parking spaces at alternative locations for persons who have disabilities and provide appropriate signage directing such persons to the alternative parking if readily achievable. The facility may not reduce the required number or dimensions of those spaces or unreasonably increase the length of the accessible route from a parking space to the facility. The removal of an architectural barrier must not create a significant risk to the health or safety of a person who has a disability or to others. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0553/Sections/0553.5041.htmlhttp://www.myfloridalegal.com/ago.nsf/Opinions/61ED414DA4942D2585256584004E0802