Residential Property Management/HAndicap Parking Space Usage

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Question
I design tall towers...This is not about my Projects but my temporary residence in a rental complex, Miami Beach FL.....My inquiry is actually to assist the Management that have far too passive a position relative to the residents that abuse the usage of Handicap Parking spaces.... 13% of the total parking spaces are Handicap Designated Spaces....this is a completed renovated complex and apparently the arrchitects have not provided the owner with specific guidelines to be compliant with ADA regulations and appropriate ordinances.....

Problem:
Residents park and leave their vehicles in the spaces for multiple days and weeks without peaving the spaces....On our projects, It's our expectations that our clients have the right based on prior notice to the users of Handicap Parking determine the Ownerships own regulations such as time limits for parking to allow spaces to be available to guests, visitors, etc. with appropriate registered placards....and since it's private property, the Owner has assert its rights to have violators of it's regulations to be issued the City Police citations and towed.....i.e., based on prior notice or by the authority of the posted Handicap Parking Sign....I suggested they have the right to post parking limits such as "Residents with resistered Placards may park a maximum of 4 hours per day" to allow accommodation for others.....Since thisis not my project I want to assist but I wouldn't want to mislead them....I suggested they look into the ADA applicable sections,.....what ADA section or what regulations can I suggest they refer to??? and am I correct in my assumptions ?? I look forward to your opinions...

Answer
I'm not aware of any ADA regulation that imposes time limits on how long a handicapped space can be occupied. In fact, I think the management company would have a difficult time towing legitimate handicap placarded vehicles due to length of time in the spaces. As a community, there are likely CC&Rs and associated regulations that they could attempt to put in place and enforce, for gross instances where vehicles are not moved for extensive periods of time (and by extensive, I would think days or weeks, not hours). But that's a risky proposition, so it might be wise to check with an attorney who is well versed in ADA to determine what can be done without subjecting the association or management company to lawsuits. If the community has a larger number of disabled residents, it can also decide to add more than the minimum number of handicap spaces in the lot.

Residential Property Management

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Mike Fortunato

Expertise

Very familiar with all aspects of property management (tenant/landlord issues, lease administration, facilities maintenance, financials, etc). 25+ years in property management

Experience

I have been in real estate management for 25+ years, both residential and commercial properties. Currently own and operate a commercial and residential real estate management company in southern California.

Organizations
IREM; BOMA; MLS; National Association of Realtors; California Association of Realtors

Education/Credentials
CPM (Certified Property Manager) and RPA (Real Property Administrator)

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