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          OUR ATTORNEYS:

Barry Silver, Esq.

Boca Raton

(561) 483-6900

barryboca@aol.com 

Barbara Billiot Stage, Esq.
Orlando, FL
(321) 293-4215

barbara.billiot.stage

@stagelaw.com 

Eric M. Glazer, Esq.

Glazer &Associates P.A.

Hollywood, FL

(954) 983-1112

Eric@condo-laws.com 

Q & A

Question: I live in a condominium in Florida . We have 73 units and 108 parking spaces. Currently we have only one handicapped spot in our entire lot.  At one point we did have three.  However, the condo board decided to paint over them and make them three "executive spots." This leaves us with only one handicapped parking spot thus making it difficult when my father or uncle come to visit, as they both require handicapped parking.  My uncle (when he visits) now needs to park in a guest spot on the other side of the building and he must make it to the ramp so he can enter the building with his chair. Is it legal for them to "reserve" those spots for themselves while we have two or three unit owners that require them, not to mention any guests that may need handicapped parking spots?  They claim it is private property and they can do what they want.
L.G., Hollywood

 

Answer: 

That is a common mistake associations make in claiming that they are private property and that they are exempt from the Americans with Disabilities Act. Below is the chart showing how many parking spaces they are required to have -- 5. If they give you any trouble, contact the ACLU (American Civil Liberties Union) and they should be able to help you at no charge.

Barbara Billiot Stage, Esq.  


From the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG)

(5) (a) If parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces complying with 4.6 shall be provided in each such parking area in conformance with the table below. Spaces required by the table need not be provided in the particular lot. They may be provided in a different location if equivalent or greater accessibility, in terms of distance from an accessible entrance, cost and convenience is ensured.

Total Parking in Lot

Required Minimum Number

of Accessible Spaces

1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 percent of total
1001 and over 20 plus 1 for each 100 over 1000

 


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Disclaimer: The content of this column can not be considered legal advice.

This column is not a substitute for consultation with legal counsel. 

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