Legal Question in Real Estate Law in California
Is a condo association required to have handicap spots if guest spots are designated? Would this fall under ADA or fair housing and what is the referring law or regulation?
3 Answers from Attorneys
It is governed by state law, implemented by local building and zoning regulations. You should contact your local building or zoning department.
It would help if you had provided more information. Specifically, it is not clear if you are a guest demanding that a condo association provide handicap spots so you can visit a private homeowner, or are a private homeowner who contends the condo association does not have handicap spots for meetings. Generally, the ADA applies to public accomodations, not private property.
Any business or commercial property, including your condo complex, already HAD its handicap space requirements established when the building permits were issued for construction, or any subsequent remodel or renovation. If you think they are in violation of their permit, you could check with the building department to see what the plans show for location and quantity of the required spaces. IF, and ONLY IF, they have painted over or otherwise dropped the number of handicap spaces and locations specified, would someone have grounds for making a demand or taking legal action to restore them. If that is the case, and if you are serious about hiring counsel to do so, feel free to contact me.