Legal Question in Disability Law in California

I live in an apartment complex in San Marcos, Ca. What are the required amount of handicap parking spaces for an apartment complex with over 500 units? The area, although gated, is not strictly limited to residents only...there is guest parking provided. My child was issued a handicap placard from the DMV, which we utilize in the apartment complex we live in. Management called me today telling me they were basically giving preferential treatment to another resident due to his disability, and requesting I not use a certain Handicap parking stall. Is the management allowed to determine the profoundness of an individuals disability and determine who can park where? Not only that, this same community has taken away handicap stalls and converted them into parking spaces for non-handicap residents.


Asked on 2/11/10, 9:02 pm

2 Answers from Attorneys

James Bame San Diego Law Office

It is obvious that there shou;d be more than one handicap parking space in a comlex of over 500 residents. Contact me directly.

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Answered on 2/17/10, 11:26 am
Terry A. Nelson Nelson & Lawless

The local planning / building inspection department will have a copy of the plans and approvals for the complex, including how many and where the handicap spaces are to be located. If you find that the complex is in violation, please feel free to contact me for the legal help you'll need in bringing a claim for failure to accommodate.

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Answered on 2/17/10, 3:23 pm


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