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 me. Now I want to sell my unit and the previous owner called my realtor and said he is just "leasing" it 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 ever. 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, right? 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
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..
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?
I would appreciate hearing from anyone with experience "building" a bike storage area. We have a 9' x 9' area currently enclosed by concrete walls on three sides and we plan some kind of concealment/security wall with door/gate access across the front (am interested in thought on materials, vinyl vs wood? Our design can hold 29 to 33 bikes (we’ll have space to one to hang on the back wall). We're looking at buying 2 wave racks off the shelf and arrange on opposite side walls. I'm interested in an inexpensive floor, will start with a dirt surface when current vegetation is pulled out. We're thinking of a hard-surface (concrete?) center walkway with a gravel bike pads on either side. In addition to bikes on the floor, we have an 11-foot ceiling and plan hanging storage. Configuration / materials ideas welcome. We don't have a budget number to meet. Thanks!!
I own two units in a large high-rise downtown Chicago condo building and pay $180/month to rent one space in the garage. The garage is a huge profit center for the condo association. $180/month seems to me like "double taxation" since theoretically I own some small percentage of the garage, which is classified as common element. (There is no deeded parking here, but that may be a direction the board should consider.) My question is this: since the garage is common element, can the condo association legally charge more than their prorated per-space costs to owners needing parking spaces?
For over 25+ years every unit had one assigned parking spot and the remaining "guest" spots were used on a first come basis. Suddenly the Board is suggesting that any unit with more than two cars be charged a monthly fee of $35 per additional car and that some of the "guest" spots could be sold to homeowner's that wanted more than one assigned "numbered" spot. Several months ago it came to our attention that a resolution was done in 2002 that said owners with 3 or more vehicles, registered to an address at the condo be charged $25 per month for each vehicle and parking privilege would be revoked if delinquent; however it was never implemented. What are your thoughts? I believe since it is a common element that everyone has enjoyed for many years this isn't something the Board can just implement without some legal ramifications. I would be interested in your thoughts and get ideas how your condos handle assigned and guest parking.
In our condo community we have a rule that pertains to our parking lots. Please keep in mind that we are not talking about a driveway belonging to a single/duplex, etc. with an individual driveway that leads to the "house" or a garage. We are speaking about a parking lot with stripes, numbers, etc. that is between a city street and the condo property sidewalks. The lots are owned and maintained by the condos and the Board has jurisdiction over them. We have a rule that children do not play at all in the parking lots. No bikes, skateboards, ball, bats, skates, etc. After problems years ago we checked with our insurance company and it was their suggestion that we vote on this and inform the community for the following reasons: (1) safety of children as people ride through the parking lots, children dart between cars, etc. (2) damage they cause to vehicles with balls, riding into them with the bikes, etc. (3) they are parking lots not driveways that are for the use of an individual/family. There are delivery trucks, cars riding using the lot for a turn around, service trucks, parked cars and people backing out of spaces. (4) The liability for these lots go with the condo association. The rule for bikes is that they are not to be ridden on the sidewalks, in the lots or on the grass. Children can ride in the city street that goes around the perimeter of the complex. If the children are small, parents can certainly and should be with them. There are many neighborhood in the city where children only have the streets to ride in and they all seem to make it work. Why can't these people who refuse to follow rules? They have also caused distress to long time residents of the complex with all the noise they are creating in the parking lot in front of the units. Can you please share what you do about this "stuff that aggravation is made of" in your community. I would really appreciate it. Thank you!
The Board of Managers in Richmond County, NY proposed to restrict unit owners of their parking spaces for being in arrears in their common charges and to tow the vehicle. My question, is this proposal within the Board's Authority. I've look at my deed of my unit and in Schedule A it states, known and designated as Unit 146, parking space #105, together with my percentage of undivided interest in the common elements of the "Condominium, as described, as the same defined in the Declaration of Condominium hereafter referred to. In looking at my Certificate of Occupancy, Department of Building in the city New York. It states, Permissible Use and Occupancy, Residence with Off-Street Parking for One Car, One Dwelling Unit, Open Space 150 Sq. Ft.for one car. Once again, can the Board be allowed to institute a rule restricting parking and tow their car, if an Owner is in arrears of their common charges..
We are a condo association with three high-rises, 210 units. We have limited, posted guest parking only including two handicapped spaces per building. We have two owners that have taken over the guest handicapped spots for their personal use. They both have garages closer than these spaces to their units. They have threatened to sue if we tow. They have also agreed to use their garages when they purchased and our bylaws reflect the same. Can we tow?
I purchased a license to park in a space exclusively for $5,000 from the developer of a condo for as long as I own the condo. This space happens to be part of "common element
". The condo docs
state that this can be done. However, the new condo president has taken possession of this spot and has locked me out of this space, stating it should have never been allowed to be sold. That the developer did not have the right to sell it. What is my recourse???