Accessible & Handicap Parking

Disability & accessibility rights in your HOA

A parking space close to your home can be a reasonable accommodation the HOA must provide — and where common-area parking is required to be accessible, the association can be cited by the city for missing markings and signage.

Parking as a reasonable accommodation

Even where spaces are unassigned or first-come, the Fair Housing Act can require an HOA to make an exception and assign or designate an accessible space near your unit when you need it because of a disability (a mobility impairment, for example). Refusing to consider it, or applying “we don’t assign spaces” as an absolute, is where associations get into trouble — the whole point of a reasonable accommodation is a change to the usual rule.

Cost: a policy change (designating a space) is generally the association’s to make at no charge to you. A physical change (repainting, adding a sign, striping an access aisle) is a modification — who pays depends on whether it is in a common area the HOA must keep accessible; see accommodations & modifications.

Common-area accessibility (ADA & building code)

Separate from the FHA, where an HOA’s parking or facilities are open to the public or are required to be accessible under the ADA or local building/fire code, the association must maintain them properly — including:

  • Properly marked accessible spaces with the required signage and the international symbol of access.
  • Striped access aisles next to accessible spaces.
  • Visible fire-lane / no-parking markings and required safety signage.

These are enforced by local government. A city inspector can cite — even criminally cite — an association whose parking area lacks required ADA markings, access aisles, or fire-lane striping. If you have reported missing accessibility markings and the HOA has ignored you, that report and the timeline are worth preserving.

Related

This is general information, not legal advice. Every situation is different, deadlines are strict, and some points of fair-housing law are still being worked out by the courts. Keep a written record, and talk to a lawyer or a fair-housing agency about your specific circumstances.