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Legal question: handicap parking in an apartment complex
Posted on 8/17/14 at 6:39 pm
Posted on 8/17/14 at 6:39 pm
Does anyone know what the law is regarding handicap parking in an apartment complex? There are permit only parking, visitor parking, and the handicap parking spaces. The handicap does not specify "permit only". I am a landlord and my tenants had a family member visit and park in the handicap spot (with appropriate decals) and were towed. Just curious if anyone is aware of what the ADA may allow for handicap visitors in this situation. This was in Florida.
TIA.
TIA.
4
Posted on 8/17/14 at 6:57 pm to Htown Tiger
quote:
I am a landlord
quote:
my tenants
quote:
were towed
So you are the landlord and you contract a towing company that towed a tenant vehicle?
Seems like you should read your contract
This post was edited on 8/17/14 at 6:58 pm
Posted on 8/17/14 at 7:34 pm to Mr.Perfect
Sorry, not apartment complex- condo complex. With a HOA. They provide the security and regulate the parking. They hire the towing company.
I'm trying to find out if they violated the rights of the disabled by having their cow towed in a a handicap spot.
I'm trying to find out if they violated the rights of the disabled by having their cow towed in a a handicap spot.
Posted on 8/17/14 at 8:09 pm to Htown Tiger
I'd imagine handicapped would fall under visitor... And yes, I'd imagine if they were legally handicapped and properly parked, laws were violated.
Posted on 8/17/14 at 8:15 pm to Lsut81
quote:
I'd imagine handicapped would fall under visitor... And yes, I'd imagine if they were legally handicapped and properly parked, laws were violated.
Posted on 8/17/14 at 9:24 pm to Htown Tiger
Confused here. The car was parked in a handicapped marked space, the car had proper handicapped permit, and the car was towed?
What reason was given for the tow?
Now, if the parking spot was marked as to somehow require a resident decal in addition to the handicap permit, then I could see the car being towed because it lacked the resident decal, not because of a handicap issue.
What reason was given for the tow?
Now, if the parking spot was marked as to somehow require a resident decal in addition to the handicap permit, then I could see the car being towed because it lacked the resident decal, not because of a handicap issue.
Posted on 8/17/14 at 9:48 pm to LSUFanHouston
quote:
Now, if the parking spot was marked as to somehow require a resident decal in addition to the handicap permit, then I could see the car being towed because it lacked the resident decal, not because of a handicap issue.
Yea... other than that the tow company made an error. And they are contracted by the HOA... good luck. What a shitty situation. I bet the tow company's not even look for handicapped tags and just pulled it out.
Is there a big problem with parking in this complex?
Posted on 8/17/14 at 10:14 pm to Htown Tiger
Even if you were in the right, which I think you weren't, I don't think this was worth touching. This wasn't a battle worth fighting.
Posted on 8/18/14 at 9:25 am to jmarto1
quote:
Even if you were in the right, which I think you weren't, I don't think this was worth touching. This wasn't a battle worth fighting
Hmm... HOAs and tow companies are two of the most overzealous operations on earth. If I thought I was right, I'd fight like hell. If it was my tenant living there, I'd feel I had a responsibility to do so.
Posted on 8/18/14 at 5:12 pm to LSUFanHouston
There was not "permit only handicap parking", it was simply a handicap parking spot. The reason it bothers me is this isn't the first time my tenants, who are handicapped, have had issues there. And if they end up leaving because of bullshite like this, I lose paying tenants. So if what the HOA is doing is illegal, I'm going to call them out on it. The ADA provides for certain rights for the disabled, and I don't think my HOA gives a shite.
Posted on 8/18/14 at 5:43 pm to Htown Tiger
I'm with you. That is absolutely despicable to tow from a handicapped spot. I would get a conference call going between the tow company owner, the president of the HOA... and a lawyer if you have one handy.
Posted on 8/18/14 at 8:00 pm to Htown Tiger
If you need I have a lawyer friend in Florida I can recommend who used to file ADA type suits all the time when he was with a big firm.
He's on his own now in Palm Beach and it should be pretty easy to figure it out.
He's on his own now in Palm Beach and it should be pretty easy to figure it out.
Posted on 8/18/14 at 8:05 pm to Htown Tiger
So the bigger question is, why would the tow truck company tow a properly credentiled vehicle from a handicap marked parking spot?
Have you called the HOA management company and asked what is happening?
Have you called the HOA management company and asked what is happening?
Posted on 8/18/14 at 8:13 pm to LSUFanHouston
Yeah my experience, at least in south Florida, is a handicap tag is pretty much a license to park wherever (except fire zones). So pretty much everywhere was a parking spot.
Also, did you know you can legally park for free in the Tampa airport if you have a handicap tag? One friend would park his car and leave it for months at a time. Come back, plug in a battery charger to start up and head out. Always made me laugh.
Also, did you know you can legally park for free in the Tampa airport if you have a handicap tag? One friend would park his car and leave it for months at a time. Come back, plug in a battery charger to start up and head out. Always made me laugh.
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