|
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 |
GO
TO ARCHIVE |
