United States v. Aqua 388 Community Association

Long Beach, Los Angeles · federal · United States District Court for the Central District of California

HOA loss · fair-housing

What happened

Dr. Emma Adams, who has paraplegia, requested a reserved van-accessible parking space at the Long Beach Aqua Towers condominiums. Defendants (Aqua 388 Community Association, Aqua Maintenance Corporation, FirstService Residential California, and named managers) allegedly refused for over three years. After a HUD charge and election, the United States sued on April 3, 2023. On October 6, 2023, the court granted the United States partial summary judgment on liability for failure to reasonably accommodate. On January 22, 2024, the court entered a consent decree requiring accessible parking for Adams for as long as she resides there, new reasonable-accommodation/modification policies, training (including for FirstService employees at many managed properties), recordkeeping, and monitoring.

What the court (or agency) held

Association/management side lost. Liability for failure to provide a reasonable parking accommodation was established on partial summary judgment; the consent decree locks in injunctive relief (dedicated marked accessible space #153 for Adams), policy adoption, training, and compliance reporting. Decree resolves the United States’ claims without a damages number highlighted in the publicly summarized decree text used here; parties dispute liability was denied in the answer before summary judgment.

Why this matters for members

Accessible-parking accommodation requests at condo high-rises are Fair Housing Act reasonable-accommodation duties—years of delay can produce HUD charges, DOJ suits, and summary-judgment liability before settlement. Boards and managers need written RA policies and timely responses, not informal parking politics.

What the member did

Requested reasonable accommodation for accessible parking and pursued HUD administrative process that led to DOJ enforcement.

Questions for the board

Questions for a lawyer

Citation

United States v. Aqua 388 Community Association, No. CV 23-02498-SB-JPR (C.D. Cal.); consent decree entered Jan. 22, 2024 (2024-01-22). United States District Court for the Central District of California. Outcome chip: AG/consent. Source: https://storage.courtlistener.com/recap/gov.uscourts.cacd.880327/gov.uscourts.cacd.880327.65.0.pdf

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.