Rights of people with disabilities; accessibility and parking lot availability

Nicolás Zuluaga Pérez v. Sabana Grande 5 Apartments

Date:  08/18/2020

Judge-Rapporteur:  Cristina Pardo Schlesinger

Facts.  The ownership of the parking lots in the Sabana Grande 5 Apartments is shared between the owners and renters of the apartments.  Therefore, access to them is not permanent but has to be alternated.  The plaintiff claimed that such an arrangement ignores his right to use it exclusively and all the time he needs it, due to his condition of disability.  Besides, he uses his vehicle to work, in order to cover his and his family’s basic needs.  Representatives of the property’s management alleged that the space’s use must be rotated for the benefit of all the owners and/or tenants who are also in disability condition like the petitioner.  Because of that, they asserted, no right is violated.

Issue:  Are the rights of a person with disabilities infringed by the need to share the use of the parking lots with other owners or tenants who live in the same condominium?

Ruling and reasoning.  Yes.  To reach this decision the Court elaborated on the guarantee of the fundamental rights of people with disabilities, the need to take affirmative actions in terms of protecting said rights, the legal framework on using accessible parking spaces and, judicial precedents on the protection of the rights of this minority, regarding the use of parking spaces in condominiums.  The Chamber concluded that the only way to guarantee this fundamental protection is by setting arrangements that allow the petitioner, a person with disability, permanent access to the parking lot.  Consequently, the Room issued a series of orders for that purpose.