kcheartland
Junior Member
What is the name of your state? Arlington, VA
Background: I live in a 180+ unit condo building with underground reserved parking on 4 levels. Parking spaces come in three sizes, subcompact, midsize and premium. All units have at least one premium space with many have more spaces (which owner purchased/conveys with condo). The Association also has about 8 Association owned handicapped (h/c) and/or van accessible spaces (more than premium size and by the elevator lobbies) as well as about 8 visitor spaces (none premium size). We do not have any by-laws or rules governing the assignment of handicapped space. Parking in the vicinity is extremely limited and costly. The last spaces that sold in our building sold for $25,000 per space. The small outside monthly lease lot in the area charges $120 per month. The remainder of the parking is by meter.
As our building is highly desirable (average 2 bdrm/2bath starts at $600K now) and right on top of Metro (subway/train) our building is attracting more and more residents who either have a special need (h/c parking) or may require one in the near future. Up until now (for the last 6 years our building has been open) the Board has instructed the community manager to, upon request of a resident, change a visitor h/c space to a resident h/c space reserved for that particular resident/unit-- all at no cost to the resident. While a few residents may 'exchange' the space (give the Association use of one of their space(s) -- typically the smallest) there is no requirement for the resident to do so. Thus, the resident can legally rent the space (for profit) to other residents. As I believe there will be a time that we will have more need than h/c spaces, I have submitted a proposal to the Board that we will always have one visitor h/c space (first come/first serve) and the balance may, with a letter of agreement, be temporally assigned for use by a specific resident and for the duration of that special use, the resident's premium space is assigned for Association use (either as visitor, employee/staff/management, etc). If the resident no longer has the need, moves or sells, the h/c space reverts to the Association and the unit's space conveys with the unit. Once all of the spaces have been assigned (except for the visitor h/c space) and a new request is received, the Board (or designee) is convene a meeting of the residents needing special accommodations to see if a reasonable solution can be reached (e.g. a h/c space for one while another can use a regular space if it is large enough and the premium the h/c resident 'exchanged' would meet the second resident's need.)
Initial discussion by the Board and, through the president, the association attorney is that the association must provide the h/c space without requiring anything (rent, exchange of their space, etc.) and if there comes a point that we need more h/c spaces, then we'll figure something out.
I have called the Virginia Fair Housing and Arlington County Fair Housing and neither can give me any legal support for our attorney's position and have indicated that the proposal I have made is actually more than fair and meets the test of 'reasonable accommodation'. Our attorney also said the laws/zones changed just before our building was built yet I have consulted the municode.com and called the county/city building inspection department and neither has (or knows of) any such requirement. 2 other condos in the area that were built after ours do not have ANY h/c spaces in their association parking inventory. I have googled this, gone to the ADA site for DOJ, contacted the Endependence of NoVA, and could find nothing pertaining to this type of situation.
Help?!? Is our association required to provide exclusive use of the h/c spaces? Can we put a requirement of the resident/owner releasing the use of their premium space (which may meet the needs of another h/c person) to the association?
Sincerely
Virginia
Background: I live in a 180+ unit condo building with underground reserved parking on 4 levels. Parking spaces come in three sizes, subcompact, midsize and premium. All units have at least one premium space with many have more spaces (which owner purchased/conveys with condo). The Association also has about 8 Association owned handicapped (h/c) and/or van accessible spaces (more than premium size and by the elevator lobbies) as well as about 8 visitor spaces (none premium size). We do not have any by-laws or rules governing the assignment of handicapped space. Parking in the vicinity is extremely limited and costly. The last spaces that sold in our building sold for $25,000 per space. The small outside monthly lease lot in the area charges $120 per month. The remainder of the parking is by meter.
As our building is highly desirable (average 2 bdrm/2bath starts at $600K now) and right on top of Metro (subway/train) our building is attracting more and more residents who either have a special need (h/c parking) or may require one in the near future. Up until now (for the last 6 years our building has been open) the Board has instructed the community manager to, upon request of a resident, change a visitor h/c space to a resident h/c space reserved for that particular resident/unit-- all at no cost to the resident. While a few residents may 'exchange' the space (give the Association use of one of their space(s) -- typically the smallest) there is no requirement for the resident to do so. Thus, the resident can legally rent the space (for profit) to other residents. As I believe there will be a time that we will have more need than h/c spaces, I have submitted a proposal to the Board that we will always have one visitor h/c space (first come/first serve) and the balance may, with a letter of agreement, be temporally assigned for use by a specific resident and for the duration of that special use, the resident's premium space is assigned for Association use (either as visitor, employee/staff/management, etc). If the resident no longer has the need, moves or sells, the h/c space reverts to the Association and the unit's space conveys with the unit. Once all of the spaces have been assigned (except for the visitor h/c space) and a new request is received, the Board (or designee) is convene a meeting of the residents needing special accommodations to see if a reasonable solution can be reached (e.g. a h/c space for one while another can use a regular space if it is large enough and the premium the h/c resident 'exchanged' would meet the second resident's need.)
Initial discussion by the Board and, through the president, the association attorney is that the association must provide the h/c space without requiring anything (rent, exchange of their space, etc.) and if there comes a point that we need more h/c spaces, then we'll figure something out.
I have called the Virginia Fair Housing and Arlington County Fair Housing and neither can give me any legal support for our attorney's position and have indicated that the proposal I have made is actually more than fair and meets the test of 'reasonable accommodation'. Our attorney also said the laws/zones changed just before our building was built yet I have consulted the municode.com and called the county/city building inspection department and neither has (or knows of) any such requirement. 2 other condos in the area that were built after ours do not have ANY h/c spaces in their association parking inventory. I have googled this, gone to the ADA site for DOJ, contacted the Endependence of NoVA, and could find nothing pertaining to this type of situation.
Help?!? Is our association required to provide exclusive use of the h/c spaces? Can we put a requirement of the resident/owner releasing the use of their premium space (which may meet the needs of another h/c person) to the association?
Sincerely
Virginia