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Thread: Another parking thread, but need some legal advice/thoughts for Virginia ADA

  1. #1

    Another parking thread, but need some legal advice/thoughts for Virginia ADA

    I'm currently renting a condo in VA. The building was built about 10 years ago and converted from apartments to condos about 4 years ago. There are four buildings, and each building has 40 condos in each. There is assigned parking for the entire complex, as well as assigned parking under the buildings.

    With all of this said, there is NO handicap parking on the entire property. I was told by the condo manager that the when the builder sold the units, he sold all of the parking spaces too.

    It appears that at one point there were two handicap parking spaces in the parking spaces under the building because you can see where the blue h/c signs used to be but they've been painted over and someone owns them.

    Is this legal? I thought according to ADA that there needs to be a certain amount of parking spaces in proportion to the overall parking spaces. Does this not apply because I live on a private condo complex? Even when I go to visit friends, there are h/c spaces at their condos...

    HELP!

  2. #2
    Look under the Fair Housing Act. I'd look it up but I'm posting from my phone. The ADA doesn't really apply to privately-owned condos.

  3. #3

    Parking!

    I'm not from VA but if you are good enough to have the condo guy take your money, I guess I see as they should damn well have handicap parking including curb cut and a designated space as close as possible. You can park on either side of the street with your handicap sticker, I've driven over the lawn right up to the sidewalk more than once to get the point across. There are some people that just don't get it and never will. Good luck!

  4. #4
    Is the condo parking lot considered a common area, or are the parking spaces privately owned? When I bought a condo in Arlington, each parking space was surveyed as part of the property being sold, i.e. you owned the space just like you owned the condo unit.

    If it's the latter, the condo association has no authority to redo the parking spaces to provide a handicapped accessible space.

    If, however, the parking area is designated as a common area for the building, you should be able to use the fair housing act to help you get an ADA compliant space.
    It is easier to find men who will volunteer to die, than to find those who are willing to endure pain with patience.

    ~Julius Caesar


  5. #5
    Senior Member brucec's Avatar
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    Here in virginia, you probably need to do a serach on the virginia website
    look for Virginia landlord tenant act

  6. #6
    I am assuming that you don't need much room to park (like maybe enough room to get the door open, so you don't get parked in) like me. If so maybe you can find someone with an assigned space that would work for you (like on the end of a row or something) and get them to switch with you. That would probably be much more simple than dealing with regulations and whatnot trying to force someone into something.

    Bottom line is ADA isn't enforced, so wether or not they were technically in the wrong, it probably isnt worth it for you to do anything about it.

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