Legal Question in Disability Law in Pennsylvania
disability placard parking in condo in PA
My husband has been given grief over his truck in our condo community. Unbenounced to us. He has injury from car accident and got a dis. placard from State of PA. Condo Assoc. says they can regulate what type of vehicle is parked in dis. spot on property? Is this true? You have to have a placard to park in it by the bylaws and he has that. Now they want a letter of dis. from our physician. Isn't this invasion of Hippa laws. State already got letter from phys and issued the placard. We want to fight as we are being discriminated against. There is a truck and a cycle on property and they aren't given grief. My husband is temp. disabled and it is an outrage to even go through this aggravation b/c some residents are complaining about a truck on property which to them is a dirty word. Not a commer. truck either. A $50K truck. Who has jurisdiction over the disability spots on property in a condo in PA?
1 Answer from Attorneys
Re: disability placard parking in condo in PA
two answers. first. if the condo association is private and receives no public funding, they can do whatever they want on their own property as long as they don't discriminate against a class of people. therefore they can get rid of all of the special parking spots.
second. you can sue them for a special accommodation based on the disability being a class of people that are being discriminated against.
however, once you give them a doctor's note, my guess is that they will let him park there. once you show any judge the doctor's notes, they will force the condo to let him park his car there. i think it is reasonable that they want to see the doctor's note. show it to them.