In a recent Illinois court case, a renter sued a community association claiming that the unavailability of handicap-accessible parking violated the Fair Housing Act (“FHA”).  The property consisted of a 40-story building with 342 parking spaces, seven of which were handicap accessible.  However, the association sold the handicapped-accessible parking spaces to non-disabled persons and the renter claimed these sales violated the FHA.

The court found that, although the sale of the parking spaces to non-disabled residents was not an FHA violation, the failure to make public areas of the building accessible by reserving at least some accessible spaces for individuals with disabilities was a violation.

To read the court’s decision, click here:

http://law.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv02421/254455/176

Parking is an issue that virtually every board must confront, whether in creating or enforcing rules.  As always, if your association encounters issues related to parking and handicapped accessibility, please contact an attorney to help ensure that any parking regulations or options are within the framework of your association’s governing documents and Ohio law.