I see a lot of questions from residents regarding Fair Housing rules for homeowners’ associations and how these rules interact with disability needs, animal accommodations, and modifications to units. It can be a confusing issue, but it’s important to understand your rights and what the HOA is required to accommodate.
One question I receive often regards parking rules for people with disabilities. Many residents assume that if someone has a disability, the HOA is obligated to provide them with a parking space that is closer to their unit, regardless of the community’s parking rules. However, this isn’t always true.
According to San Diego Union-Tribune, the Fair Housing Act applies when a resident needs parking closer to their unit because of a disability. The HOA must provide a reasonable accommodation in this case. However, if a resident requests a parking space that is not necessary to assist them with their disability, the HOA is not obligated to accommodate the request. For example, the HOA doesn’t have to accommodate a resident who wants to park in the visitor parking lot instead of their assigned parking space in the garage.
When considering a request for disability accommodations, the HOA should consider the individual’s circumstances and whether the accommodation is truly necessary to assist them with their disability. The Fair Housing Act is not intended to allow residents to take advantage of the system for personal convenience.
If you have any questions regarding parking or other issues related to Fair Housing, I would be happy to discuss these issues with you and your HOA board. Feel free to contact me for a free consultation at https://robertluiswallace.com/services/.
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