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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20293
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I have both back and knee problems and had double knee replacement

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I have both back and knee problems and had double knee replacement this summer.

I was issued handicapped parking plates 10 or more years ago for my vehiclie, which is a Explorer Sports Trac (classified by HOA as a truck). I moved into an HOA controlled community in June 2012 that prohibits homeowners with trucks to park on the street in front of their homes or on their driveways. The only location you can park, if your truck fits is in your garage. Earlier this year I submitted a request to park my truck in my driveway, but my request was denied. I waited until the results to amend the HOA bylaws regarding trucks was passed or failed. I recently found out the amendment failed by 41 ballots.

I would like to submit another request to park in my driveway due to my disability and phyiscal limitations. I was wondering if you would be able to provide me with citations and some verbiage to include in my letter to the HOA about allowing me as a disabled person to park in my driveway and how HOA bylaws cannot be in violation of state or federal laws.

Thank you for the information and your question. The only law that may assist you in seeking the change in rules, or accommodation, that you are seeking is the Federal Fair Housing Act. The Act makes it unlawful for an HOA (or any other party that falls under the Act) "to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling."

So, as long as you have a doctor's note or statement that you cannot enter or exit your vehicle or house, from your garage, or wherever else you are allowed to park, because of a disability, then you should be accommodated. If you are not, then you can file a complaint with the U.S. Department of Justice or the Colorado Attorney General's Office, or you can file suit under the Act.

You can read more about the Act at:

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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