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Handicap parking spaces painted over at Solaire condominiums downtown

mark handler

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Handicap parking spaces painted over at Solaire condominiums downtown

http://www.sun-sentinel.com/news/local/breakingnews/os-handicap-space-sale-20110205,0,6278812.story

When Carl Neidhardt bought his unit in downtown Orlando's Solaire condominiums in 2008, the residents' parking garage had six handicap spaces.

But the tower's developer soon painted over the blue lines, pulled down the handicap-only signs, and turned each of those extra-wide spaces into two regular spots to accommodate condo buyers during the housing slump.

"There were handicap spaces when I bought here, but they just painted over them and gave them to regular people," said Neidhardt, a former University of Central Florida instructor who has been using a wheelchair since 1991.

A state agency that won't comment on its finding has determined the current setup is not discriminatory, but city officials said this week they are pursuing the tower's owners for building-code violations.

"If handicap-parking spaces are not within the garage at this time, we need to immediately contact code enforcement, so that the owners of the garage can be notified and cited for violation of the zoning code and elimination of the required parking spaces," said Heather Allebaugh, a spokeswoman for the city of Orlando. "Further, if the remediation for this [putting the spaces back in] is required, a permit will be required."

The disappearance of Solaire's handicap spaces is the latest is a series of problems for the tower and the other buildings that make up the Plaza, a block-size complex on Orange Avenue between Pine and Church streets in the heart of downtown.

The commercial side of the Plaza was in foreclosure, and the public garage at one point stopped granting complimentary parking for the building's retailers. About 66 condos in the 306-unit Solaire have faced foreclosure since the high-rise opened in 2006.

Caught in the middle of the handicap-parking controversy is Solaire's condominium association. Orlando lawyer Patrick Howell, who represents the group, said the spaces were painted over and parceled out to unit owners by Solaire's developer, Atlanta-based Wood Partners, before that firm turned control of the property over to the association. Little can be done to add handicap spots now, Howell said, because all of the 441 parking spaces are committed to individual condo units.

"The association does not have the authority to take someone else's property and give it to someone else," Howell said.

Wood Partners, which declined to comment on the tower's parking situation, originally included one space with each one-bedroom unit and two spaces with each two-bedroom condo. In addition, some residents paid premiums of as much as $30,000 to secure additional spaces in the garage, which has no room for guest parking.

The association's solution to the missing handicap spaces has been to grant a resident temporary access to a regular-size space near the elevator if the person can produce a handicap-parking decal. Those temporary-use spots are usually assigned to other residents who have agreed to trade them for more remote spaces when a need arises.

At least one of the spaces has extra room next to it, but condo owner Rob Pieper Jr. complains it isn't wide enough when he has to use a walker. He also says that anyone using a wheelchair risks getting blindsided by oncoming traffic because of the way disability ramps on the garage's sidewalks are configured.

He and Neidhardt previously complained that the condo tower's doors were not handicap-friendly; new access features have since been added to most doors, though not to those on the pool deck.

"I don't want any special privileges for being handicapped," said Pieper, adding that he wants only the same access enjoyed by other residents.

Pieper filed a complaint in August with the U.S. Department of Housing and Urban Development, which referred the matter to the Florida Commission on Human Relations. The commission concluded that the parking situation did not discriminate against anyone, though a spokeswoman for the agency declined to talk about the case.

Pieper recently protested against the building's management by sitting in the lobby holding a sign that stated, "Beware: Don't Purchase at Solaire." Howell accused him of accosting people and sent him a letter asking him to cease and desist.

Pieper has complained about other issues, as well, and Howell said the disabled unit owner has made it his "new hobby" to get Solaire's property managers and association board of directors to "dance to his tune."

Personalities aside, the garage should accommodate residents who need to use wheelchairs, said downtown-condominium entrepreneur Cristian Michaels, who worked for Wood Partners and now markets resale units for Solaire and other properties.

For instance, at the nearby Vue condominiums, Michaels said, the tower's 651-space garage includes 15 regulation-size handicap spaces.

"That absolutely is a must," he said. "We can't assign them to people, but we do have them."

Mary Shanklin can be reached at mshanklin@orlandosentinel.com or 407-420-5538.
 
Should have gone to DOJ for ADA issues. 'Assigned' H/C parking is perfectly legal, as long as it is in excess of the required minimum number of H/C spaces provided. Sounds like bad planning on the developers part and a sleazy move by the outgoing property owner.
 
JBI said:
Should have gone to DOJ for ADA issues. 'Assigned' H/C parking is perfectly legal, as long as it is in excess of the required minimum number of H/C spaces provided. Sounds like bad planning on the developers part and a sleazy move by the outgoing property owner.
Resident parking at a condo tower probably does not fall under ADA.

More likely to be FHA.
 
Removal of required accessible parking spaces without a permit is a building code violation (At least in VA other states may differ)

Permits are required here to install accessible spaces.

In 2006 when opened they would have been required for an R-2.

Definate building code violation--I suspect the condo association is going to end up buying back the former accessible spaces and putting up new signs and stripes. Note that they were illegally sold by the developer so title issues are likely on those spaces.

They are also required to be the spaces closest to the entrance.
 
brudgers, your comment on the Super Bowl seating thread applies here: someone sold parking spaces that they had no right to sell. It is fraud.
 
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