Reader Questions - Converting to Planned Development; Use of Handicapped Spaces

Dear Mr. Richardson,

I read the articles in the [local newspaper] and have a question. I live in one of 7 individual homes on a common lot, which were built 30 years ago as condominiums. We are interested in changing our property to Planned Development to give each of us more flexibility in remodeling our homes. All homeowners are in agreement with this desire.

Please tell me if this is possible, what steps we need to take and who we would contact to proceed with this.

Thank you for your time,

B.B., Capistrano Beach

Dear B.B.,

Converting your Association from condominium to planned development may be possible, but is not simple. Has everyone agreed where the property lines will be? Are setbacks from buildings to the proposed new lot lines sufficient to meet local zoning? . Your association will need consent of all owners (and all mortgage lenders) and the local Planning Department to change the property. You would probably want to start with an engineer to check with your city to see if there are any particular local ordinances regarding conversion.

If those initial matters are covered, the “conversion team” would normally be a title company, civil engineer, and lawyer. The title company would help create new legal descriptions. The civil engineer would draw up a new Subdivision Map, and would hire a survey to map out the new lot lines. The lawyer would prepare the amendments to the covenants, review the Subdivision Map, and the deeds.

Thanks for your question,
Kelly

Dear Mr. Richardson,

I live in a condo in Rancho Cucamonga. My question is regarding the handicapped parking spaces. We have owners that have handicapped placards who are using these spaces for their own personal use instead of parking in their garages and/or their assigned parking spaces. This leaves no handicapped spaces left for visitors who need them. These spaces are nowhere near their condos so it is not more convenient for them to park there – they have too many cars. Is it legal for the association to give a violation notice to these owners that the handicapped parking is for visitors only, even if they do have a handicapped placard?

Thank you for any help that you can give me. Sincerely,

D.B., Rancho Cucamonga

Dear D.B.,

Associations, as any citizens, need to curb the abuse of resources designed to protect the disabled. If your community is solely a residential project is not subject to the Americans with Disability Act, but should still be vigilant to protect disabled residents and visitors on moral grounds even if the law does not require it. The handicapped visitor spaces may have been required by a local law, or put there by a forward-thinking developer.

The board could pass a rule barring homeowners from using any visitor spaces. If a homeowner has spaces in their own garage, it is difficult to envision how they would need a space farther away. However, if some special issue is presented by someone’s disability, that is a different matter. If some homeowners are using the privilege of their disabled parking placard to take extra parking, that could harm visitors who need handicapped parking. Most disabled people do not abuse the protections given them, but when someone does, we must be vigilant to protect the resources for those who need it.

Thanks for your question D.B.,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.