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Disabled condo owner troubled by Association's lack of accomodation

Posted on Tue, Dec 16, 2014 @ 07:00 AM
  
  
  
condo owner has special needs for parking in condo association during snowstorm 121614 resized 600

I live in a Massachusetts Condo Association with deeded parking. I’m handicapped and disabled with severe pain and weakness, and am nearly home bound. I’ve hired help to clear off my car after a snowfall. In order for the plow to remove snow from the parking lot, it is necessary for my car to be moved to a visitors’ spot that would have already been cleared. However, the condo association has refused my request on multiple occasions, citing that I must follow the same rules as other condo association members.

Mustn’t they provide for this accommodation? Is there potential for suit here, given that this could be in violation of the Americans with Disabilities Act?

14 Comments Click here to read/write comments

Condo owner wants to prevent garage bays from being rented to public

Posted on Fri, Dec 12, 2014 @ 07:00 AM
  
  
  
HOA wants to change bylaws for motor bikes, boats, and trailers 111814 resized 600

I live in a 32 unit Minnesota Condo Association. We have eight extra garage bays to rent out. The Board has recently decided to rent them out to non-residents, which is against the Bylaws. This also presents a security issue, as the dividing walls between bays are open on the top. We are not licensed by the city as a public storage facility, nor will the city get involved.

I would rather see the garage bays empty until an owner or resident takes it. How can we as condo owners prevent the Board from renting these bays to the public?

6 Comments Click here to read/write comments

Condo Association garage units deteriorating a bit too easily

Posted on Fri, Dec 05, 2014 @ 07:00 AM
  
  
  
condo unit garage deteriorating due to cheap materials and wreckless parking 120514 resized 600

The garages in my Condo Association (assigned per deed) are quickly deteriorating. The door frames are developing hidden dry rot that, when hit by a car bumper, causes them to shatter (and, indirectly, the wallboard and stucco). It’s obvious that incorrect materials were used, as quality wood should just lose a bit of paint.

Who should pay for this repair? Should this be covered under the Condo Association CC&R?

3 Comments Click here to read/write comments

Condo unit parking questions and concerns

Posted on Tue, Oct 21, 2014 @ 07:00 AM
  
  
  
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Our condo association property manager maintains that there are no assigned parking spaces in our community, which has led to parking anarchy. Some residents have requested signage that reserves their parking space (they do not say "handicapped”, only "reserved.") The plat for my condo (downloaded from the county recorder of deeds) indicates by number that my condo has a specific parking space. Does this mean that space is deeded to me, or is it just an assigned common element for my exclusive use? Can it be taken away? Can I use it exclusively and prevent others from parking there? Since vehicle size has changed since 1985 when units were built, can the association redraw the parking spaces to make them bigger to accommodate the influx of extended cab trucks and large vans used as family vehicles?

Sorry for all the questions but this apparently is a thorny issue.

4 Comments Click here to read/write comments

Condo unit speed bump height damages car. Who should be responsible?

Posted on Mon, Oct 20, 2014 @ 07:00 AM
  
  
  
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Our condo association had a construction company put in speed bumps on the road coming into our complex during the second week of September. We made arrangements during the construction period to stay in our second home in another city 105 miles from the condo. We left our 2001 Volvo S80 in the garage at the condo complex, and drove our Cadillac to our other home. When we returned to the condo, all the speed bumps had been put in and the blacktop had been seal coated. The speed bumps appeared to be very high, and were painted a bright yellow. Our Cadillac was able to barely cross the speed bumps without scraping. The following day we used our Volvo to leave through another condo complex exit gate so we didn't have to cross the speed bumps. We went to pick up our 9 and 4 year old granddaughters and return to our condo unit. Upon returning we had to come through our complex entry gate, because we don't have a number to come through the neighboring gate. We had to cross three new speed bumps that caused $1,400 in damage to our Volvo.

We notified the condo association management company right away and were told to send estimates and pictures, which we did. We also notified our insurance company who sent out an inspector to evaluate the damage. On the following Monday, the condo association had the same construction company remove the 4 to 5 inch speed bumps and replace them with 3 inch speed bumps. We filed a claim with our insurance company, and they have paid the claim minus our deductible. On Monday we went to the HOA board of directors meeting where we were told they are not liable for any damage, and would not let us talk because they were taking up board business and we can only observe and have no input. They passed a motion to not pay for any damage to our vehicle and quickly moved on to other business. The people who ordered the construction company to put in the speed bumps are the HOA president and treasurer, both elderly women who are unqualified and inexperienced to tell the road workers how to do their job. So they called the property manager and had him call the construction company and order them to make the speed bumps 5 inches high.

We were able to talk to the workers when they were removing the original speed bumps and replacing them with 3 inch bumps. They also told us that they had warned the HOA directors that they were asking for problems and they were called to come back and replace the speed bumps due to all the complaints. At this point our Volvo is in the body shop after the mechanic shop put in replacement motor mounts that broke going over the original speed bumps. Now we hear from the body shop that more damage has been uncovered. We talked to the insurance inspector, and he says he will make sure the car is repaired. Why doesn't the condo association have to pay for the damage since they had the speed bumps put in at a height they were advised not to?

14 Comments Click here to read/write comments

Can condo association tow car for having no parking permit?

Posted on Thu, Aug 28, 2014 @ 04:53 AM
  
  
  
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Can a condo association in California tow your car for not having a parking permit? The condo association's rules and regulations do not mention that a parking permit is required. It also states that open spaces are for guest only. A sign at the entrance of my street states public parking is prohibited. If I am a tenant, would I be considered "Public"? The towing company that towed me is also not listed under towing information. Please advise.

10 Comments Click here to read/write comments

Condo owner with handicap accessible van can't fit in garage space

Posted on Wed, Jul 09, 2014 @ 07:54 AM
  
  
  
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I live in a condo unit with a single car garage. I have MS disease and cannot walk, so I use a power wheelchair. I have a handicapped-accessible van with a side entry that comes down so I can enter and exit the vehicle. My garage, however, is not big enough for the van.

A new condo association called Condo Care took over last year. They sent a notice to me stating that, if I don't park my van in the garage, I will be fined 50 dollars for every time my van is outside. The problem is, if I park in the garage I am stuck in the van. I do not park in front of the garage door, I use the parking space next to my sidewalk that has a wheelchair ramp leading to my condo unit entrance. They have not responded since I've explained my condition to them. Can you help me please?

21 Comments Click here to read/write comments

Does the HOA have to provide each unit with a parking space?

Posted on Wed, May 28, 2014 @ 07:41 AM
  
  
  
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I bought a 32 unit non-stock apartment cooperative condo 4 years ago. For 4 years now, I have been parking in a parking space the previous owner gave to me. Now I want to sell my condo unit and the previous owner called my realtor and said he is just "leasing" the parking space to me. I was in shock of course because we never had a lease agreement or spoke about me leasing/borrowing/renting a parking space. I never would have bought it had I known it didn't come with parking. The parking space is on the previous owners deed and not mine. The previous owner never told me it needed to be deeded over and he was still the owner.

I think this would fall under fraud or non-disclosure, correct? Also, there are only 28 parking spaces and 32 units so there are not enough spaces for everyone. Why would a developer make units with no parking? Does the HOA have to provide each unit with a parking space? I hear that is a California law now. Can the HOA be forced to create new spaces for unit owners with no parking? Thanks

 

12 Comments Click here to read/write comments

Delinquent condo owners get their parking space access revoked

Posted on Fri, May 17, 2013 @ 08:53 AM
  
  
  
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Board of Directors in a New York Condominium are proposing a parking rule. That if an Unit Owner is in arrears with their common charges. The Board will revoke their parking spaces. Unless the Unit Owner makes a agreement plan. If not their cars will be towed and or booted. And no one is to use the parking spaces. 1) In our NYC Department of Buildings Certificate of Occupancy, notes that one off-street parking space is required for each dwelling unit. 2) Property valuation (tax assessments)in our Condominium New YORK(NYC)Also states that, one off-street parking space is required for each dwelling unit. 3)In our by-laws it stated the Board of Managers will have the right to reallocate parking spaces among sold units with the consent of the affected Unit Owners. 4)Another section of the Offering Plan states that that although the parking spaces are limited common elements the unit owner having exclusive use thereof. But, it is Board of Managers responsibility of maintaining and repairing the parking spaces, and the cost thereof will be included in the common charges payable to all unit owners. With the above mentioned 1 through 4. Does the Board of Managers have the authotity to adopt and enforce such a parking rule. The main question is it legal or illegal in the the State of New York..

17 Comments Click here to read/write comments

How can we prevent condo board from renting parking spaces?

Posted on Wed, Dec 05, 2012 @ 07:49 AM
  
  
  
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My 32-unit condo complex in Minnesota has an extra eight garage stalls to rent out. Recently the board has rented some of them to non-residents which is against the bylaws. The garage stalls have dividing walls but are open across the top, so this presents a security issue. We are not licensed by the city as a public storage facility, nor will the city get involved. I would rather the garage stalls be empty until an owner or resident wants one. How can we prevent the board from renting garage stalls to the public?

6 Comments Click here to read/write comments

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