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By Michael Pearce, Founder of shiftfutecare.com. After 25 years as a special needs attorney, I've retired from legal practice to focus full-time on helping parents create thoughtful, sustainable transition plans for their adult children with special needs.
Over the course of my legal career, one thing became clear: there’s no single manual for raising a child with special needs into adulthood. Every family's journey is unique, and while no checklist or workbook can capture the full picture, certain common questions come up time and again.
In answering those questions, we can often uncover practical, widely applicable solutions that help families move forward with confidence.
One such question recently came from a SHIFT client I’ll call “Amy” regarding care for her daughter “Julia”. (not their real names)
“I just purchased my new home, which is subject to HOA rules.
NOTE: The following is not legal advice. This is a research article only. Consulting with an attorney specializing in fair housing and disability law is highly recommended.
Understand Your Fundamental Rights: An Overview
The legal framework governing housing in California is designed to ensure that all individuals, including those with severe disabilities, can live with dignity and receive the necessary support to reside comfortably and safely in their homes. While Homeowners Associations (HOAs) establish rules to manage common interest developments, these rules are not absolute. They must yield when they impinge upon the rights of disabled residents to the equal use and enjoyment of their dwellings, a principle that extends to facilitating essential in-home care.
The core concept underpinning these protections is that housing rules and policies, while generally applicable, must be flexible enough to accommodate the unique needs of disabled individuals. This is not about granting preferential treatment but about leveling the playing field, ensuring that a disability does not become a barrier to a person's ability to live in and benefit from their housing on par with non-disabled residents. The responsibility of an HOA, therefore, extends beyond merely refraining from overt discriminatory acts; it involves a proactive duty to make necessary adjustments to its standard rules and practices when required for a disabled resident.1
For an individual like Julia, whose severe disability necessitates full-time care, this principle is paramount. Her ability to receive this care within her home is intrinsically linked to her capacity to use and enjoy her dwelling. If an HOA's rules, such as restrictive parking policies, impede the delivery of this essential care, those rules can be seen as effectively denying her an equal opportunity to live in her home. The need for full-time care is a direct consequence of her disability; thus, any HOA rule that obstructs this care can have a discriminatory impact by preventing her from accessing the support vital for her well-being and continued residency.1 The legal system recognizes this connection and provides avenues to ensure that such essential support services are not unreasonably hindered.
2. Key Laws Governing HOA and Disabled Residents
Several state and federal laws provide a robust framework for protecting the housing rights of disabled individuals and ensuring they receive necessary accommodations. These laws place specific obligations on HOAs regarding their rules and policies, particularly when they affect residents with disabilities and their access to essential care.
The California Fair Employment and Housing Act (FEHA - California)
The California Fair Employment and Housing Act (FEHA) is the state's foremost law prohibiting discrimination in housing and explicitly applies to homeowners associations.1 A critical component of FEHA is its mandate that HOAs and other housing providers make "reasonable modifications" or "reasonable accommodations" to their rules, policies, practices, or services when such changes are necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling.1 This Act is administered by California's Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH).1
Under FEHA, "disability" is defined broadly to include any mental or physical impairment that limits one or more major life activities.2 This definition is intentionally inclusive and is to be broadly construed, sometimes even encompassing conditions that might become future disabilities.5 This comprehensive definition is highly likely to cover Julia's situation, given her need for full-time care due to a severe disability.
The direct applicability of FEHA to HOAs means that an HOA's governing documents, such as its Covenants, Conditions, and Restrictions (CC&Rs) or its Rules and Regulations, are subordinate to state anti-discrimination law. An HOA cannot use its internal rules as a justification for denying a legally mandated accommodation.1 If an HOA rule, like a restrictive visitor parking policy, prevents a necessary reasonable accommodation for a disabled resident, FEHA requires that rule to be modified, or an exception made. This is not a discretionary option for the HOA but a clear legal duty, consistently affirmed by multiple legal resources.1 This underscores the strength and non-negotiable nature of the HOA's obligation to accommodate Julia's disability-related needs.
The Federal Fair Housing Act (FHA)
The Federal Fair Housing Act (FHA) offers similar, often overlapping, protections at the federal level. It prohibits discrimination in housing based on disability and mandates that housing providers, including HOAs, make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling.6 Residential associations are explicitly covered, and this includes the requirement to reasonably accommodate a disabled resident's request for special parking.7
Significantly, the FHA's protections extend not only to the disabled individual but also to persons "associated with" them.10 This is a crucial aspect for Amy's situation, as it means the right to a reasonable accommodation can apply to parking for Julia's essential support team.
If Julia’s care team's ability to park is hindered, it directly impacts Julia's ability to receive care and, consequently, her equal opportunity to use and enjoy her home. The FHA compels the HOA to consider accommodations for the care team's parking because their access is intrinsically linked to Julia's disability-related needs.
The strength of this obligation is further reinforced by federal case law. Courts have affirmed the requirement for HOAs to provide parking accommodations under the FHA.
Two notable court cases, Shapiro v. Cadman Towers, Inc. and Gittleman v. Woodhaven Condo. Ass'n, Inc., have significantly reinforced the obligation of cooperative housing corporations and homeowner associations to provide accessible parking as a reasonable accommodation for residents with disabilities under the Fair Housing Act (FHA). These decisions underscore that the FHA's purview extends to the policies and practices of such housing entities, requiring modifications when necessary to ensure equal opportunity for individuals with disabilities to use and enjoy their homes. Shapiro v. Cadman Towers, Inc.7 and Gittleman v. Woodhaven Condo. Ass'n, Inc.7
The reasonableness of an accommodation is generally determined by weighing the benefit of the accommodation against the burden it would place on the association.4
Americans with Disabilities Act (ADA)
It is important to distinguish the applicability of the Americans with Disabilities Act (ADA). The ADA primarily applies to "public accommodations," such as businesses, restaurants, and government facilities, requiring them to meet specific accessibility standards.6 Most private residential HOAs are not considered public accommodations unless they operate facilities that are open to and solicit use by the general public—for example, if an HOA routinely rents its clubhouse to non-residents or operates a commercial enterprise on its premises.6Therefore, the ADA's direct applicability to an HOA's internal parking rules for its residents and their guests is typically limited.4
While the ADA may not be the primary legal driver for Amy's specific parking request concerning internal HOA visitor spots, its principles of accessibility and non-discrimination are influential and reflect broader societal and legal norms. Understanding the ADA's limited direct applicability helps focus arguments on the more pertinent and powerful FHA and FEHA. Relying on a less applicable statute could dilute the strength of the claim. However, Amy can still argue that her request aligns with the broad public policy goals reflected in the ADA, framing her request as consistent with widely accepted principles of disability rights, even if the ADA itself is not the direct enforcement mechanism in this private residential context.
Relevant California Civil Codes (including Davis-Stirling Act implications)
California law provides additional support for disabled residents in common interest developments (CIDs), which are typically governed by the Davis-Stirling Common Interest Development Act. California Civil Code sections 54 through 55.2 affirm that individuals with disabilities have the same right as the general public to the full and free use of public ways and equal access to housing accommodations.12
More specifically, California Civil Code § 4760 (which superseded former Civil Code § 1360) addresses a member's right to make improvements or alterations within their separate interest and, crucially, to modify their separate interest and the route from the public way to the door of their unit to facilitate access for persons with disabilities, at the member's expense.6 These modifications must be consistent with applicable building codes and the aesthetic and safety provisions of the HOA's governing documents, and the HOA cannot deny approval without good cause.4
While Amy's primary need is for a policy exception regarding parking rules rather than a physical modification, § 4760 underscores the legal principle of facilitating access. If a designated parking space for caregivers requires minor physical changes, such as striping or signage, this section could support the right to have such modifications made, potentially at Amy's expense, although FHA/FEHA principles might suggest the HOA should bear minimal costs for policy-related accommodations that do not impose an undue burden.
Furthermore, California Civil Code § 4765 governs the HOA's process for approving physical changes, requiring it to be fair, reasonable, and expeditious.13 Critically, § 4765(a)(3) explicitly states that an HOA's decision on a proposed change may not violate any governing provision of law, including, but not limited to, the Fair Employment and Housing Act.13
This creates a direct link: if Amy's request for a parking accommodation is denied, and that denial prevents a reasonable accommodation mandated by FEHA, the HOA would also be in violation of this Civil Code provision. This provides an additional legal basis for her claim, reinforcing that HOA decisions must align with broader anti-discrimination laws.
3. Reasonable Accommodation: Securing Necessary Parking
The concept of "reasonable accommodation" is central to ensuring that individuals with disabilities have an equal opportunity to use and enjoy their housing. This principle requires HOAs to be flexible and make necessary adjustments to their standard rules and practices.
Defining "Reasonable Accommodation" in the context of HOA rules and parking.
A "reasonable accommodation" is a change, exception, or adjustment to a rule, policy, practice, or service that is necessary to provide a person with a disability an equal opportunity to use and enjoy a dwelling, including public and common use spaces.2 This is not about granting an unfair advantage but about removing barriers created by standardized rules that do not account for the needs of disabled individuals. The U.S. Department of Housing and Urban Development (HUD) provides this definition, which is widely adopted.3
In the context of parking, a reasonable accommodation could involve reserving a parking space close to a resident's unit, especially for someone with mobility impairments.2 An accommodation is generally considered "reasonable" if it does not impose an undue financial and administrative burden on the housing provider (the HOA, in this case) or require a fundamental alteration in the nature of the housing provider's services.14
The term "necessary" is key: if the HOA's current parking rules prevent Julia from receiving essential care due to parking constraints for her support team, then an accommodation to those rules becomes necessary for her to have an equal opportunity to live in and benefit from her home.2 The HOA cannot rigidly adhere to its rules if those rules create a discriminatory barrier to Julia's disability-related needs. The scope of "rules, policies, practices, or services" is broad, meaning that various aspects of the HOA's parking management—such as time limits, designated use of spaces, or permit systems—are subject to modification as a reasonable accommodation.2
How parking for caregivers can be a reasonable accommodation.
Parking for caregivers can indeed be a reasonable accommodation when it is essential for a disabled resident to receive necessary care and support. The critical factor is the "nexus" – the direct link – between Julia's disability, her documented need for in-home care, and the caregiver's need for reliable and proximate parking to provide that care.4 The accommodation is ultimately for Julia's benefit, enabling her to receive the services that allow her to live in her home and maintain her health and well-being.
If Julia's support team cannot park dependably near her home, her ability to receive consistent and timely care is compromised. This, in turn, denies her an equal opportunity to use and enjoy her dwelling compared to residents who do not require such intensive in-home support. Legal guidance and examples confirm that accommodations can extend to the needs of those who assist disabled residents; for instance, waiving guest parking fees for a home health care aide has been cited as a reasonable accommodation.16
While HOAs can deny accommodations that pose an "undue financial and administrative burden," it would likely be challenging for an HOA to successfully argue that allowing daily parking for a few essential caregivers—especially if visitor spots are periodically available or a single, otherwise underutilized spot could be assigned—constitutes such a burden.
The benefit to Julia (receiving life-sustaining care) is substantial and would typically outweigh minimal administrative adjustments by the HOA.10
The "Interactive Process": Your HOA's obligation to work with you.
Once Amy submits a request for a reasonable accommodation, the HOA has a legal obligation to engage in a good-faith "interactive process" with her.4 This means the HOA cannot simply issue a flat denial or ignore the request. Instead, they must participate in an informal discussion to clarify Julia's needs and explore potential solutions to identify an appropriate accommodation.4 Failure to engage in this process in good faith can, in itself, lead to liability for the HOA if a reasonable accommodation would have been possible.4
The interactive process implies a shared responsibility for finding a workable solution. While Amy needs to clearly articulate Julia's needs and the reasons for the requested parking accommodation, the HOA also has a duty to actively participate in problem-solving.4 They should be considering how the accommodation can be made, rather than looking for reasons to deny it. If Amy's initial proposal presents legitimate (non-discriminatory) challenges for the HOA, they should discuss these and explore alternative accommodations.10 Amy should meticulously document all communications related to this process—her requests, any information provided, and the HOA's responses (or lack thereof). This documentation is crucial if the HOA fails to engage in good faith or unreasonably denies the request, as it will serve as important evidence.
Documenting Julia's disability and the need for the accommodation (without oversharing).
If Julia's disability and the resulting need for the parking accommodation for her caregivers are not immediately obvious, the HOA is entitled to request verification.4 However, this right to request information is not unlimited. Amy does not need to provide Julia's entire medical history or a specific diagnosis.2 The verification should be narrowly focused on:
Confirming that Julia has a disability as defined under FEHA and FHA.
Describing the need for the requested accommodation (i.e., why consistent, proximate parking for caregivers is necessary).
Showing the relationship between Julia's disability and the requested accommodation.4
A letter from Julia's physician or Julia’s Regional Center Case Manager or another qualified healthcare professional is typically sufficient. This letter should explain Julia's functional limitations (e.g., limitations in self-care that necessitate daily assistance from caregivers) and clearly state why reliable parking for these caregivers is essential for Julia to receive her care and thereby have an equal opportunity to use and enjoy her home.18
Providing such a targeted letter can preempt overly broad information requests from the HOA and streamline the verification aspect of the interactive process.
It is also important to remember that any disability-related information provided to the HOA must be kept confidential and not shared inappropriately with other residents or board members not directly involved in processing the accommodation request.4 Amy has the right to expect this confidentiality and can remind the HOA of this obligation.
4. Julia's Support Team: Essential Care Workers, Not "Visitors"
A key element in securing appropriate parking for Julia's support team is to differentiate them from typical "visitors" as commonly understood in HOA rules. Their presence is not for social purposes but is a matter of medical and personal care necessity.
Defining "Visitor" under typical HOA rules vs. the role of essential caregivers.
HOA parking rules often define "visitors" or "guests" in terms of infrequent or temporary stays, with restrictions on duration, frequency, and sometimes requiring registration or permits.19 These rules are generally designed to manage limited common parking resources, prevent residents from monopolizing guest spots, and ensure fair access for the occasional social guests of all residents.19 For example, a common rule might limit a guest vehicle to parking in a visitor spot for no more than 72 hours, or restrict a household to having guests park a certain number of times per month 19—precisely the type of rule Amy is encountering.
Julia's support team, who provide daily, full-time care, does not fit this profile. They are not casual social guests; their presence is scheduled, regular, ongoing, and directly linked to Julia's essential health and personal care needs. Applying restrictive "visitor" parking rules to these essential care providers represents a misapplication of the rule's original intent. The purpose of their presence is not discretionary social interaction but the provision of vital, life-sustaining support. This misapplication can have a discriminatory effect, as it disproportionately burdens residents with disabilities who rely on such in-home care.
Notably, some HOAs already recognize this distinction and have implemented differentiated rules for "recurring visitors" such as housekeepers and caregivers. For example, one HOA's rules provide for a database of such recurring personnel and specific parking pass procedures for them, distinct from general guest protocols.22 This demonstrates that it is administratively feasible for HOAs to distinguish between casual guests and regular, essential service providers and to create systems to manage their access without imposing an undue burden on the community. Amy can point to such examples as practical, existing solutions.
Legal definitions and interpretations of "caregiver" or "personal attendant" in California.
California law and housing guidance acknowledge individuals who provide in-home care. For instance, the term "domestic worker" in California can include "caregivers and personal attendants" who provide services related to the care of people in the home.23 This establishes them as a recognized category of service provider.
More specific to housing contexts, guidance often distinguishes between a "live-in caregiver" (who resides with the person with a disability and meets specific criteria) and a "care attendant" (who regularly visits the unit to provide supportive or medical services but does not live there).24 Julia's rotating support team aligns closely with the definition of "care attendants."
Significantly, for care attendants who do not occupy the unit, it has been suggested that a reasonable accommodation request for their presence should not typically be necessary, and screening is generally not appropriate.24 While Amy is requesting an accommodation for parking (a modification of an HOA rule or policy), the underlying status of her care team as non-occupant essential service providers strengthens the argument that they should not be treated like ordinary guests who might overstay or misuse common facilities. Their access is directly tied to Julia's fundamental need for care, a need arising from her disability.
Even if an HOA's rules do not explicitly define "caregiver" or "care attendant," the function these individuals perform—providing daily, essential support to a resident with a disability—is what triggers protections under fair housing laws. The labels are less critical than the reality of the services being provided and their necessity for the resident's ability to live in and enjoy their home.
Argument: Why daily, essential care providers should not be subject to restrictive visitor parking limits.
The argument against subjecting Julia's essential care providers to restrictive visitor parking limits rests on several pillars:
Nature of Service: The care team provides essential, non-discretionary services directly related to Julia's disability and her ability to perform major life activities. This is fundamentally different from the social or recreational purpose of a typical visitor's presence.23
Necessity for Equal Opportunity: Reliable parking for the care team is not a mere convenience; it is a prerequisite for Julia to receive the consistent care she needs to live safely and with dignity in her home. Restricting their parking effectively denies Julia an equal opportunity to use and enjoy her dwelling.2
Misapplication of Rules: Visitor parking rules are designed for occasional guests and are not intended to regulate access for daily essential medical or personal care personnel.19 Applying these rules to caregivers is a misapplication that disproportionately harms disabled residents.
Fair Housing Mandates: Both FEHA and FHA require HOAs to make reasonable accommodations, which includes modifying rules or policies that create barriers for disabled residents.1 An inflexible visitor parking policy, when applied to essential caregivers, becomes such a barrier.
"Fundamental Alteration" and "Undue Burden": An HOA might argue that altering its visitor parking rules constitutes a "fundamental alteration" of its parking program or an "undue burden." However, this argument is generally weak when weighed against the fundamental right of a disabled resident to receive necessary in-home care. Solutions like issuing special permits for caregivers to use existing visitor spots, or designating one or two spots for such use (if feasible), are unlikely to meet the high threshold for "undue burden" or "fundamental alteration," especially when the alternative is the resident being deprived of essential care.4 The impact of denying parking to caregivers can be severe, potentially delaying, interrupting, or preventing necessary medical attention and personal support, directly harming the disabled resident. This direct harm underscores why such a denial is likely to be viewed as discriminatory.
The following table helps to visually summarize the critical distinctions between a typical "visitor" under HOA rules and an "essential caregiver" like those on Julia's support team:
Table 1: "Visitor" vs. "Essential Caregiver" – Key Distinctions for HOA Policies
Characteristic | Typical "Visitor" (as per HOA rules) | "Essential Caregiver" (Julia's Team) |
Purpose of Presence | Social, recreational, occasional personal business | Provide essential medical/personal care, support for activities of daily living |
Frequency/Duration | Infrequent, often short-term, subject to limits (e.g., 4 times/month) | Daily, scheduled, ongoing, for duration of care shifts |
Necessity to Resident | Primarily for social benefit or convenience | Critical for resident's health, safety, well-being, and ability to live independently in their home |
Relationship to Resident's Disability | Typically none direct | Directly addresses and mitigates limitations imposed by the resident's disability |
Legal Status/Consideration under Fair Housing | Subject to standard guest limits and HOA rules | Presence and necessary access (including parking) subject to reasonable accommodation requirements |
Impact of Denied Access/Parking | Social inconvenience for resident/guest | Potential interruption/denial of essential care, direct harm to disabled resident's health/safety |
This table illustrates why applying standard visitor parking limitations to essential caregivers is inappropriate and fails to recognize their distinct and critical role, a role protected under fair housing laws through the requirement for reasonable accommodation.
5. Strategizing Your Request to the HOA
Approaching the HOA with a well-prepared and clearly articulated request for a reasonable accommodation is crucial. A strategic approach can facilitate a more positive and productive interaction.
How to formally request a reasonable accommodation for parking for Julia's support team.
It is advisable to submit a formal, written request for a reasonable accommodation to the HOA Board of Directors or its designated management company.14 While verbal requests are permissible, a written request creates a documented record of when the request was made and its specific nature, which is important for the interactive process and if further action becomes necessary.18
The letter should clearly:
State that it is a request for a reasonable accommodation under the Fair Employment and Housing Act (FEHA) and the Federal Fair Housing Act (FHA).
Explain that the accommodation is needed due to Julia's severe disability and her requirement for full-time daily care.
Describe the role of her support team in providing this essential care.
Clearly articulate why the current visitor parking rules (e.g., the four-times-per-month limit) create a barrier to Julia receiving this necessary care.
Include contact information for follow-up and to engage in the interactive process.
The tone of the initial request should be polite yet firm, framing it not as a plea for a special favor but as an assertion of a legal right to an accommodation that will enable Julia to have an equal opportunity to use and enjoy her home.1 This approach positions Amy strongly for the ensuing interactive process.
Proposing specific, reasonable solutions.
Including specific, well-thought-out proposed solutions in the initial request can expedite the interactive process and demonstrate a willingness to find a practical outcome.4 This shows the HOA that Amy has considered the community's context and is aiming for a workable solution. Potential solutions to propose could include:
Designated Parking for Caregivers: Requesting one or perhaps two parking spaces in the visitor parking area (or another suitable common area location close to Amy's townhome) be designated for use by Julia's caregivers. This spot would not need to be exclusively for one caregiver's vehicle but could be available to whichever member of the rotating team is on duty. It could be marked with generic signage like "Medical Support Parking" or "Authorized Caregiver Parking."
Exemption Permits: Requesting special parking permits for the vehicles of Julia's regular caregivers. These permits would exempt them from the standard visitor parking time limits and frequency restrictions, allowing them to park in available visitor spots while providing care. This system is similar to how some HOAs already manage recurring service providers.22
Use of HOA-Owned/Controlled Spots: If the HOA owns or controls any unassigned or underutilized parking spots, proposing the use of one of these for Julia's care team.
A System for Recurring Essential Personnel: Proposing the HOA adopt a system, similar to the one described in the Bonnymede HOA rules 22, where recurring essential personnel like caregivers are registered and provided with appropriate parking authorization.
Offering multiple potential solutions demonstrates flexibility and focuses the discussion on achieving the necessary outcome—reliable parking for Julia's care team—rather than rigidly adhering to a single method. It is often strategic to propose solutions that appear to have the least impact on other residents first, as this reinforces the "reasonableness" of the request.4
Highlighting the HOA's legal obligations.
In the written request and subsequent communications, it is important to gently but clearly remind the HOA of its legal obligations under FEHA and FHA. This includes their duty to provide reasonable accommodations for residents with disabilities and their affirmative duty to engage in the interactive process in good faith.1
The HOA board members are often volunteer homeowners who may not be fully versed in the complexities of fair housing law.19 The request letter can serve an educational purpose by informing them of these specific legal duties. This can shift their perspective from one of simple rule enforcement to one of legal compliance and risk management.
By proactively stating the legal framework, Amy makes it more difficult for the HOA to issue a denial based solely on a misinterpretation of their own rules or a lack of understanding of the overriding authority of state and federal fair housing laws. This encourages the HOA to evaluate the request under the correct legal standard from the outset.
6. If Your Request is Unreasonably Denied: Next Steps
Despite a well-crafted request, there is a possibility that an HOA might unreasonably deny or unduly delay a reasonable accommodation. Understanding what constitutes an unlawful denial and the available recourse is essential.
Understanding unlawful denial of a reasonable accommodation.
A denial of a reasonable accommodation request by an HOA can be unlawful if:
The requested accommodation is necessary to afford the disabled resident an equal opportunity to use and enjoy their dwelling.
The accommodation is reasonable, meaning it does not impose an undue financial and administrative burden on the HOA or fundamentally alter the nature of its operations.14
The HOA fails to provide the accommodation or an equally effective alternative.
The HOA fails to engage in the interactive process in good faith, for example, by refusing to discuss the request, imposing unreasonable delays, or demanding excessive and irrelevant information.2
An unlawful denial is not limited to an explicit "no." It can also take the form of constructive denial through tactics like indefinite stalling, making burdensome counter-demands, or simply ignoring the request. The DFEH (now CRD) found cause to believe a violation of FEHA occurred when an HOA failed to provide an accessible reserved parking spot for over two years, resulting in a monetary settlement and other corrective actions for the HOA.26 This case illustrates the tangible consequences of failing to provide a necessary parking accommodation.
An initial, poorly justified denial can also have a "chilling effect," discouraging a resident from pursuing their rights. Knowing that such denials can be unlawful empowers individuals to persist.
Filing a complaint with Regulatory Agencies.
If the HOA unreasonably denies the request or fails to engage in the interactive process, Amy has options for filing formal complaints with state and federal agencies. These complaints are typically free to file and do not initially require legal representation.25
California Civil Rights Department (CRD):
A complaint can be filed with the CRD within one year of the most recent discriminatory act (e.g., the date of denial or the last instance of failing to engage in the interactive process).25 The CRD will typically conduct an intake interview, evaluate the allegations, and if it accepts the complaint, will investigate the matter.27 The investigation may involve gathering evidence from both parties and interviewing witnesses. The CRD may also attempt to resolve the complaint through conciliation or mediation.27 If the CRD finds cause to believe discrimination occurred, it can pursue legal action against the HOA.28 Amy should be prepared to provide documents supporting her request, such as copies of her request letter, the HOA's response (if any), and medical verification of Julia's disability and the need for the accommodation.27 The CRD has investigative powers that can compel the HOA to provide information.28 The example of the $21,000 settlement obtained by DFEH against an HOA for failing to provide a parking accommodation demonstrates the potential effectiveness of this route.26
U.S. Department of Housing and Urban Development (HUD):
Similarly, a complaint can be filed with HUD's Office of Fair Housing and Equal Opportunity (FHEO) within one year of the alleged discrimination.25 HUD investigates violations of the Federal Fair Housing Act. The process involves providing details about the alleged discrimination, the parties involved, and the housing in question.30 HUD also has investigative powers and may attempt to conciliate the complaint. Complaints filed with CRD may be dually filed with HUD, and vice versa, ensuring comprehensive review under both state and federal law.29
The mere act of filing a complaint with CRD or HUD can often prompt an unwilling HOA to reconsider its position and enter into meaningful negotiations to resolve the issue, given the potential for agency intervention, legal action, and financial penalties.26
Seeking legal counsel.
If administrative complaints do not resolve the issue, or if Amy wishes to pursue a private lawsuit directly, consulting with an attorney specializing in fair housing and disability law is highly recommended.25 While Amy can initiate the request process and even file administrative complaints on her own, legal expertise becomes invaluable if the HOA is represented by counsel, if the interactive process breaks down completely, or if litigation is contemplated.
An attorney can help:
Assess the strength of the legal claim.
Strategize the best course of action.
Ensure all procedural requirements for complaints or lawsuits are met.
Negotiate more effectively with the HOA or its legal representatives.
Represent Amy in court if necessary.
It is often beneficial to consult with an attorney even before filing a lawsuit, or if the interactive process is proving fruitless.31 Fair housing laws often include provisions allowing a prevailing plaintiff to recover reasonable attorney's fees and costs from the defendant housing provider.28 This provision can make pursuing legal action more financially feasible.
Furthermore, organizations such as Disability Rights California (DRC) provide specialized legal advocacy services for Californians with disabilities, often at no or low cost.32 DRC has expertise in disability discrimination law, including cases involving reasonable accommodations under FEHA and FHA, and could be an invaluable resource for Amy. They handle complex discrimination cases and focus on community integration and civil rights.32
7. Summary of Key Recommendations for Amy
Navigating HOA rules and asserting rights related to disability accommodations requires a clear, informed, and persistent approach. The following checklist summarizes key steps Amy can take to secure the necessary parking for Julia's essential support team:
Gather Essential Documentation:
Obtain a letter from Julia's physician or other qualified healthcare professional. This letter should confirm Julia's disability (as defined under FEHA/FHA), explain how it substantially limits one or more major life activities (e.g., self-care, mobility, requiring full-time assistance), and clearly state why consistent, proximate parking for her caregivers is essential for her to receive necessary care and to have an equal opportunity to use and enjoy her home. Avoid including unnecessary specific medical diagnoses.
Keep copies of any relevant HOA governing documents (CC&Rs, Rules & Regulations) pertaining to parking and visitor policies.
Draft and Submit a Formal Written Request:
Address the letter to the HOA Board of Directors or the designated property management company.
Clearly state that this is a Request for Reasonable Accommodation under the California Fair Employment and Housing Act (FEHA) and the Federal Fair Housing Act (FHA).
Briefly explain Julia's severe disability and her need for daily, full-time in-home care.
Clearly describe how the current visitor parking restriction (e.g., "vehicles cannot be parked in visitor parking more than four times per month") creates a barrier to Julia receiving this essential care.
Emphasize that Julia's support team members are essential care providers, not casual "visitors," and their ability to park is directly linked to Julia's health, safety, and ability to live in her home.
Propose Specific, Reasonable Solutions:
Suggest one or more concrete parking solutions, such as:
Issuance of special permits for caregivers' vehicles, exempting them from the restrictive time/frequency limits for visitor parking.
Designation of one nearby visitor parking space (or other suitable common area spot) for use by Julia's on-duty caregiver.
Adoption of a system for registering and authorizing parking for recurring essential personnel, similar to practices in other HOAs.22
Indicate a willingness to discuss these or other potential solutions.
Engage in the "Interactive Process":
Once the request is submitted, the HOA is obligated to engage in a good-faith interactive process with Amy to discuss Julia's needs and identify an appropriate accommodation.4
Respond promptly and cooperatively to any reasonable requests from the HOA for further information directly related to the disability and the need for the accommodation.
Be prepared to discuss the proposed solutions and consider reasonable alternatives if the HOA raises legitimate (non-discriminatory) concerns.
Meticulously Document All Communications:
Keep copies of all letters and emails sent to and received from the HOA.
Take notes of any phone calls or meetings, including dates, times, attendees, and key points discussed.
This documentation is crucial if the request is unreasonably denied or delayed and further action is needed.
Understand the Legal Framework:
Be aware that FEHA and FHA provide strong protections and mandate reasonable accommodations from HOAs.1
Recognize that the HOA cannot use its own rules as an absolute barrier to a legally required accommodation.
If the Request is Unreasonably Denied or Stalled:
Consider sending a follow-up letter reiterating the request and the HOA's legal obligations, and stating that failure to provide the accommodation or engage in the interactive process may lead to formal complaints.
If the HOA remains unresponsive or issues an unreasonable denial, Amy can file a formal housing discrimination complaint with:
California Civil Rights Department (CRD) (within one year of the discriminatory act).25
U.S. Department of Housing and Urban Development (HUD) (within one year of the discriminatory act).25
These agencies will investigate the complaint at no cost to Amy.
Seek Legal Counsel if Necessary:
If the situation is not resolved through the interactive process or administrative complaints, or if Amy prefers legal guidance from the outset, she should consult with an attorney specializing in fair housing and disability law.
Organizations like Disability Rights California may offer free or low-cost legal assistance and have significant expertise in these matters.32
By following these steps, Amy can systematically and effectively advocate for the necessary parking accommodations that will allow Julia to continue receiving essential care in her home. Persistence, clear communication, and thorough documentation, all grounded in an understanding of her legal rights, will be key to achieving a positive outcome.
Footnotes
Fair Housing Act, 42 U.S.C. §§ 3601-3619
California Fair Employment and Housing Act, California Government Code §§ 12900-12996
U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, "Reasonable Accommodations Under the Fair Housing Act," (2020)
Disability Rights California, "Housing Rights of People with Disabilities," (2024)
Sisemore v. Master Financial, Inc. (2010) 183 Cal.App.4th 1360
Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.
Shapiro v. Cadman Towers, Inc., 51 F.3d 322 (2d Cir. 1995)
Gittleman v. Woodhaven Condo. Ass'n, Inc., 979 F. Supp. 2d 187 (E.D.N.Y. 2013)
Davis-Stirling Common Interest Development Act, California Civil Code §§ 4000-6150
Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (Md. Ct. Spec. App. 2005)
California Civil Code §§ 54-55.2
California Civil Code § 4760
California Civil Code § 4765
Jankowski Lee & Associates v. Cisneros, 91 F.3d 891 (7th Cir. 1996)
Astralis Condominium Ass'n v. Sec'y, U.S. Dep't of Hous. & Urban Dev., 620 F.3d 62 (1st Cir. 2010)
HUD Office of Fair Housing and Equal Opportunity, Fair Housing Act Design Manual (1996)
Bronk v. Invs. Unlimited, Inc., 177 F. Supp. 3d 1014 (W.D. Wash. 2016)
Sample Reasonable Accommodation Request Letter, Disability Rights Legal Center
California Common Interest Development Parking Laws, California Civil Code § 4000 et seq
Bonnymede Association Rules and Regulations
California Labor Code § 1420 et seq.
California Department of Social Services, ACL 00-09
Harris v. City of Santa Monica, 56 Cal. 4th 203 (2013)
Government Code § 12985; 2 Cal. Code Regs. § 12176
Department of Fair Employment and Housing v. Wyndham Resort Development, Case No. H-2017-09-069-01 (2019)
California Civil Rights Department website
U.S. Department of Housing and Urban Development website
Walker v. Westlake Housing Corp., 324 P.3d 249 (Wash. Ct. App. 2014)
Disability Rights California website
