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No time limits on handicapped spaces

Q: I’ve been following your column regularly since moving to Las Vegas and find many of my personal questions addressed. I have not seen this one, hence, I will try to describe the issue and look to you for advice if your time permits.

I live in a condominium project on Las Vegas Boulevard. We have more than 350 units in two towers. Each tower has a limited number of handicapped parking spaces near the entry to the building from the garage. Residents with placards have begun to park in these spaces without moving for weeks at a time. Currently, in my tower for the five allocated handicapped spaces, we have three cars that have not been moved for several weeks to a couple of months.

Is there any law in Nevada that addresses the length of time a homeowner can park in a handicapped spot without moving. Up until this year, handicapped people would use the spots for coming and going, never seeming to remain in a spot for more than a couple of days. This allowed other handicapped individuals to come and go with the convenience required. I have spoken to our homeowners association. Its response is we have nothing addressing this situation in our governing documents at this time. The three cars involved all have assigned parking spaces in the garage that either remain empty or house a second vehicle owned by the handicapped individuals.

If no formal law exists, are you aware of any best practices used by other high-rise or multifamily residences to avoid this very frustrating situation?

Thanks in advance for any guidance you can provide. Keep up the great work on your column!

A: Nevada Revised Statute 484B.467 covers handicapped parking. Unless I missed a section in the state law, I do not see any law that states that there is any kind of time limit for a vehicle with proper disability plates and placards to be parked in a handicap parking space. There are associations where the parking spaces are assigned and recorded in their deeds as exclusive use areas for the residents. In those cases, the parking spaces “belong” to the specific homeowners.

Depending upon the association’s governing documents, if there is a section that states that the association has the right to develop rules and regulations as they pertain to parking then your association probably could have time restrictions.

Since disability issues fall under the Fair Housing Laws as well as the Americans with Disabilities Act, I would highly recommend that your association discuss the possible restriction of time limits on the handicap parking spaces. This is a catch-22 where “no good deed goes unpunished” as some homeowner or resident could raise a complaint with the state or federal agencies.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.

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