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By CondoAssociation.com • November 17, 2021

Can My HOA Designate Handicapped Parking Spots, Even If It Violates Our CCRs?

My HOA has recently converted some parking spaces from open parking to handicapped parking. This was done at the request of particular unit owners who wanted parking close to their units. All of them already have handicapped placards.

All of the units in my community have either a 1 or 2 car garage. There are 4 floor plans in each building and two of them have direct access to the garage two of them do not. In either case though the garages and living units are all one building so the closest parking is in your own garage rather than the open parking.

My question is if the HOA can legally take an open parking space and make it a handicapped parking space, which is to say to 'reserve' that space for one particular resident.

My issue with this is twofold:
First the CCRs require that all garages be able to accommodate at least 1 car and since the residents who requested handicapped parking did so because they couldn't park in their garages at all the HOA is enabling individuals to violate the CCRs.
Second open parking spaces are part of the common elements and in converting an open parking space to a handicapped space the HOA has effectively removed those spaces from the common elements and reserved them for particular individuals.

I realize that anyone with a handicapped placard can use a handicapped space but in practice the spaces are used exclusively by the individuals who requested them and for all intents and purposes are 'reserved' spaces.

To be clear I empathize with each of the individuals who requested handicapped parking however open parking in my community is a big issue for most of us since we all have more cars than garage space and parking spots are scarce. It seems very unfair to the rest of us that these few individuals effectively have reserved parking while the rest of us have to hope we can find a spot.

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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