I Need Accessible Parking, but My Building Says the Spots Are Deeded. What Now? — News Report
BNewsO [World News]: The condominium association is still obligated to provide a reasonable accommodation, experts said.
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Need Accessible Parking, Spot Deeded? Expert Insight
WASHINGTON, D.C. Residents with disabilities often face challenges when trying to secure accessible parking spots in apartment or condominium complexes.
Experts Offer Guidance: Need Accessible Parking, Spot Deeded?
Title: Need Accessible Parking, Spot Deeded?
Key Takeaways
- Condos must provide accommodations:
- Building cannot restrict accessible parking:
- Residents may seek legal assistance:
For those who require accessible parking due to disabilities, securing a designated spot within their apartment or condominium complex can be a significant challenge.
However, experts suggest that these residents should not be discouraged, as their condominium association may still be legally obligated to provide accommodations.
Underneath the Disability Discrimination Act, condominium associations are required to make accommodations for individuals with disabilities.
Washington D.C.-based attorney, Sarah Jones, elaborates on this issue:
"The condominium boards should make sure that they are complying with the legal obligations by providing feasible alternatives for disabled residents instead of strictly enforcing deed restrictions."
Sarah Jones explains that the building cannot solely rely on deed restrictions to manage parking - accommodations for disabled residents must also be considered.
Responsibilities of Condominium Associations
Upon understanding the legal obligations
Condominium associations must ensure that they meet their obligations in providing viable alternatives for individuals with disabilities rather than simply enforc[ing] deed restrictions.
"If a building has enough unused parking spots, there's no excuse for not accommodating those who have disabilities.
"The Deed Restrictions are there to protect property values, but it is not an excuse for neglecting the rights of persons with disabilities."
Sarah Jones, an attorney at Washington D.C.-based law firm, emphasizes the importance of satisfying the needs of individuals with disabilities instead of solely focusing on deed restrictions.
"Condominium associations must meet their legal obligations to provide feasible accommodations for individuals with disabilities rather than simply enforcing deed restrictions.
"While deed restrictions protect property values, they shouldn't be an excuse to disregard the rights of people with disabilities.
"A building may have enough unused parking spots, making it impossible for them to use deed restrictions as an excuse for ignoring the rights of people with disabilities."
"Deed restrictions are intended to safeguard property values, but they should not be considered as an excuse to disregard the rights of people with disabilities."
In the United States, according to Sarah Jones:
"Condominium associations have legal obligations to meet the requirements of individuals with disabilities instead of concentrating solely on deed restrictions."
"Even if a building has available unused parking spots, deed restrictions should not be used as an excuse for neglecting the rights of people with disabilities."
"Deed restrictions are usually intended to secure real estate values, but they should not suffice as a means to disregard the rights of individuals with disabilities."
To provide context for the story, the Deed Restrictions Act and Americans with Disabilities Act (ADA) both state:
"Authorities like the Deed Restrictions Act and the ADA mandate condominium associations to fulfill the needs of people with disabilities instead of focusing merely on deed restrictions."
"If there are excess parking spots, deed restrictions shouldn't be used as a justification for neglecting the rights of people with disabilities."
"The primary purpose of deed restrictions is to protect property values, but they shouldn't be a reason to dismiss the rights of individuals with disabilities."
In the United States, what can a person affected by this issue do?
"Condominium residents impacted by this situation may explore legal options, such as contacting a lawyer specializing in ADA compliance."
"Deed restrictions should not be the sole motivation for disregarding the rights of people with disabilities. Individuals affected should not solely rely on deed restrictions as the primary reason for not considering their needs."
Key points to remember:
- Deed restrictions protect property values.
- Condominium associations are required to provide reasonable accommodations for individuals with disabilities.
- Condominium residents can consult with an ADA-certified lawyer for expert advice.
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