Question:
I was wondering if you would have an answer to the following question concerning disabled parking in an HOA complex. I was asked the question by a board member of an HOA condo complex just down the street from my HOA. It appears that they do not have any disabled parking.
It is my understanding that Federal and State (California) including constitutional rights take precedence over all of the associations governing documents. Therefore when a rule violates the law. it is unenforceable. I spoke with a County Supervisor recently and got the same answer. Would you happen to know if an HOA needs to provide the special parking for a disabled person?
– Howard
Answer:
Hi Howard,
The Americans With Disabilities Act (ADA) does not apply to homeowners associations unless it is a commercial CID or one that is open to the general public. However, the Fair Housing Act does apply to HOAs. If a disabled resident places a request for special parking, an HOA is required to reasonably accommodate the resident’s request.
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