My mother in law is handicapped, and parked in a guest parking spot near our apartment. There are about 500 or so residences in this complex, with plenty of guest parking, scattered around. The only handicapped parking is a 1/4 mile away near the offices.
This complex employs two separate towing companies who are very predatory. We've had lots of trouble with them in the past, but this is the first time the handicapped issue has come up.
Generally, the complex requires a guest to go to the office each visit for a new guest pass. Assuming the handicapped pass allowed her to park basically anywhere that is not red or impeding traffic, my mother in law figured she was okay to park in one of the many open guest spaces near our residence.
After her visit, she returned to her car, and there was a note that said if she parks there again, she'll be towed. They claimed it to be private property and they can do whatever they want, and that she needed to be parked in one of the handicapped spaces (1/4 mile away).
From what I can find, an apartment complex with more than 4 units has to abide by many of the ADA rules. They have to provide acceptable parking for them, but from the looks of it, can be at the disabled persons expense. But that isn't the case here. They are claiming that they have the right to tow her out of a guest parking spot when her pass is clearly displayed.
Searching California Penal Codes, I was only able to find info about specifically parking in handicapped spaces. But nothing about where else you can park. Reading the paperwork that she carries with her, it says a handful of places that are allowed and not allowed. But nothing really concerning private property. And nothing about whether a residential complex that is open to the public is considered private property in regards to disallowing handicapped parking privileges.
Is the apartment complex allowed to tow a handicapped vehicle from a guest parking spot?