Ask about accessible parking

Q: We live in a large condominiumcomplex built decades ago, and it doesn’t have parking spaces for people with disabilites. We have assigned parking, but it’s far fromthe entrance. Does our association need to make parking accessible for people with disabilities?— Joe

A: The answer will depend on many factors that will differ for each community. If your communitywas built after 1991, it should have at least 2 percent of its spots located on an accessible route to the building. The requirements are different if your community has commercial or shortterm rental units, even if itwas built before the cut-off. Individual cities and counties may have more stringent guidelines aswell.

Residential communities predating these requirements do not have to renovate their properties to comply with the newer requirements. However, if a purely residential community later changes its use to include commercial or shortterm rentals, itmay need to make the changes.

Regardless of these factors, if residents have a need for more accessible parking, they should ask their association for a reasonable accommodation. If there is available space, the association must make the accommodation and assign an appropriate spot to the resident. Thiswould apply even if your community doesn’t have any other designated parking for members. The key consideration is whether an accessible spot is available. If you live in an association where parking spaces are deeded with your unit or are “limited common elements” specifically assigned to the residents, the association will not have the ability to take a spot away fromone owner to assign it to another.

Board-certified real estate lawyer GaryM. Singer writes about the housing market at SunSentinel.com/business/ realestate each Friday. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.