Regular parking spaces reduced to accommodate more disabled slots

Parker writes:

Dear Paul:

Unit owners were recently advised that all regular parking spaces would be reduced in size by six inches each in order to create two more spaces to accommodate more parking for the disabled. Can the Board do this? I pay for my parking spot as part of my common element fees. I will still be able to park my car but in a smaller space.

Paul replies:

Dear Parker:

I understand your possible frustration. Absent specific details about the rationale for the change, I can only make assumptions and provide you with some questions to explore. Do parking spaces meet the zoning requirements for your area? Did local government codes change whereby the number of disabled spaces required no longer comply?  Did someone in your building become disabled and in need of special accommodation? Under the Human Rights Code, an individual can ask for accommodation if their situation falls under one of the prohibited grounds of discrimination. One of these elements is disability. At least two other pieces of legislation apply to disability accommodation. If the condo has less space than required to meet the accommodation, it could be required to make the necessary changes.

 If the spaces have been reduced to such a degree that it will impact the enjoyment of your property, you may need to contact a lawyer for legal advice about any possible remedies. Before spending any money on counsel, speak to your Board and ask for the rationale. Your governing documents must also be reviewed to determine if parking is considered a comment element for exclusive use.  Ideally, this information would have been made available in advance. Good luck.

 

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