Q: We live in a large condominium complex built decades ago and it doesn't have parking spaces for people with disabilities. We have assigned parking, but it's far from the 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 community was 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 short-term rental units, even if it was built before the cut-off. Individual cities and counties may have more stringent guidelines as well.
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 short term rentals, it may need to make the changes.
Regardless of these factors, if residents have a genuine need for more accessible parking, they should ask their association for a reasonable accommodation. If there is an available space, the association must make the accommodation and assign an appropriate spot to the resident. This would apply even if your community doesn't have any other designated parking for its members. The key consideration is whether an accessible spot is available. If you live in an association where your 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 from one owner to assign it to another.
