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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113425
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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No access to disabled parking in condo. What do I do?

Customer Question

I recently bought a condo in Long Beach CA, that has disabled parking and I am disabled. The condo association has assigned the 2 disabled parking spaces to non disabled residents. When I park there, I get nasty threatening notes. The association has told me that if I park there, (even though I am disabled and have a placard), I may be towed. They say I must swap my regular space for the handicap space but I have a roommate who is not handicap and the agreement they gave me to swap spaces says I can ONLY park, store or keep a vehicle there that displays a disabled placard. Yet in the other handicap space, the person may park whatever car they want as is true with the current resident parking there, I think that is discriminatory.
My understanding of the ADA and FFHA is that no one may be assigned exclusive use of a handicap space. We have called the police several times on the non disabled residents parking in the disabled/handicap spaces and always the police write them a ticket. Now, the association had a meeting that was helpful while they knew I was out of town and have decided to paint over the spaces and discuss the handicap parking situation. Meanwhile, I have had this condo for almost four months and cannot move in because I cannot park. I have all the documentation in writing and to this date, they have not rescinded the threat that if I park there, I may be towed.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
You need to inform the condo in writing that you are legally handicapped and the ADA provides you are entitled to park in handicapped parking and if they continue this harassment you will file a complaint with the Office of Housing and Urban Development for violation of the Fair Housing Act and the Americans with Disabilities Act. So, if they are refusing to accommodate you, then your next step is filing a complaint to the HUD office and pursuing them for violation of your rights under the ADA.
Customer: replied 6 months ago.
We have provided proof...I have a timeline I can send but what I really need is a referral to a lawyer
Expert:  Law Educator, Esq. replied 6 months ago.
We cannot make personal referrals nor take representation of customers from this site, it is against site rules as well as state laws.
However, you do NOT really need an attorney at this point. Your first step is to file a complaint to your local HUD office and let them investigate because most times they can resolve the matter without you incurring the expense of an attorney.
If HUD cannot resolve it, then you can seek a real estate litigation attorney at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com

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