Legal Question in Traffic Law in California

Handicap parking ticket by parking my own car at my "deeded" condo parking space.

I own a condo with "deeded" tandem (2 back-to-back) assigned parking spaces. These parking spaces are in my property title.

The rear spot has handicap markings (developer put in to meet the ADA requirement where X number of handicap parking spot is required). The front spot near the wall does not have handicap marking.

I parked in my "deeded" rear parking space with handicap marking, without the handicap placard. A neighbor (who I recently had a dispute) called the police and I got a ticket for parking in the handicap spot without the placard. Can police/neighbor do this? Do I have any legal ground to fight this ticket, and also to stop this from happening again? Thanks in advance.


Asked on 4/17/11, 11:43 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

For the police to be able to come onto private property to enforce public traffic laws they must have the prior permission of the owner of the property [you could attempt to argue that you are really the owner of the quasi common property of the parking space and you gave no such permission, but a judge would probably ignore such a technical argument and might also say that the Association gave such permission before any individual owned the space and yo never withdrew the permission they originally gave]. Check if such permission was given. Look at your deed to see what type of restrictions are on your parking space; before you bought did you see the handicapped markings on the space? Can you get the Association to change it to a normal parking space?

Read more
Answered on 4/18/11, 9:26 am


Related Questions & Answers

More Traffic Law questions and answers in California