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Condo board restricts delinquent owners from deeded parking spaces

Posted on Fri, May 13, 2011 @ 07:09 AM
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..

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Can we tow condo owners for using handicap parking spaces?

Posted on Thu, Jan 27, 2011 @ 09:21 AM
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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?

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Owner's parking spot gets taken away by condo association president

Posted on Tue, Dec 14, 2010 @ 12:20 PM
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???

10 Comments Click here to read/write comments

Is there a better policy to towing HOA member vehicles?

Posted on Fri, Dec 10, 2010 @ 07:51 AM
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I own four condo's in a gated community with a HOA. Every owner has a garage or carport and a parking pass is not required to park there. Each homeowner receives one parking pass that can be used for an additional car parked in non assigned open spaces. If a due paying homeowner slips and forgets to put the pass in the car it is towed without any courtesy notice or warning. I am fairly sure they are allowed to do this since it is a common area but is there not a more friendlier way to handle this situation? The tow company seems to have free reign and tows anything and everything.

I know of two cars they have damaged in the last two months. Can somebody please tell me of a friendlier policy that I may present to the board?

Maybe a courtesy notice or a phone call and towing to repeat offenders???

23 Comments Click here to read/write comments

Can our condo association assess parking space owners separately?

Posted on Tue, Nov 23, 2010 @ 07:55 AM
I am president of our HOA and we have 65 home owners. The parking spots are deeded property and they receive tax bills and pay monthly fees. The garage roof needs repairing and there are 103 parking spots and it is my intention to assess the garage parking spot owners to raise the money to repair the garage. There are home owners with one spot or more and some with none. Is there any reason I cannot do this. Please advise and thanks

9 Comments Click here to read/write comments

Can condo association board assess parking spaces separately?

Posted on Fri, Nov 12, 2010 @ 10:12 AM
I own a condo in a large building with the parking underground next to the building. The garage has a separate ownership and each parking spot gets its own tax bill and you can buy and sell them like property. The garage owners spots pay a monthly cost. Can the condo association board of directors place an assessment on the garage owners for work that is necessary and what needs to be done gene

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Condo association played favorites with limited parking spaces

Posted on Thu, Oct 14, 2010 @ 01:16 PM

condo parkingOur community has limited parking for boats and trailers. We got on a list last year to be contacted when a space became available (we were 3rd on the list). We have not been contacted about any open spot but I found out yesterday, that the Condo Association gave a spot to the person that was 4th on this list. We are upset because we were passed over and are paying much more money to store out boat at another location. What should we do? We are afraid to complain as we think then we certainly would not get a spot. What should we do?

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Issuing and controlling handicap parking spaces in condo complexes

Posted on Fri, Oct 01, 2010 @ 05:53 AM
I live in a 40 unit condo association complex. There are handicap parkingtechnically no handicap parking spots, but we have a handicap neighbor. The neighbor had to get a variance to put in a wheelchair accessible ramp in from of their unit. It brings them right to their two parking spaces. To make room for the wheelchair lift in their van, they park the 2nd car in visitor parking. This worked fine until they re-did our parking spots. Now their next door neighbors don't want to park in the lines because it "blocks their sidewalk" so they park their cars over the lines, taking up three spaces, and causing the husband of the handicap woman to have to move the van into the middle of the parking lot where there is room for the lift and wheel her out to it. They don't want to "upset anybody" so they don't complain, but this has got to be some kind of violation. Many of us don't trust our condo president (who also parks across the lines to accomodate the rude people who can't park in the lines) or our property management to address it. They've already threatened to black out the new lines and white line over the old faded lines if we continue to mention the parking issue - that would look horrible. What legal rights do we have to get a proper handicap parking space and certain people to park properly?

8 Comments Click here to read/write comments

HOA board - car parking and towing problems

Posted on Fri, Sep 03, 2010 @ 07:40 AM
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I own a condo in Tampa Florida, I have been here for 7 years and have seen one property management company come and go, this last one has gotten very strict with rules and posts them by mailboxes and such frequently, it makes me feel like a child.

My question though is considering towing and private property. I own two covered carport spots, I had to purchase them with the condo, so they are my private spots, and the board has issued a towing company to actively tow cars who have not parked in visitors spots if they do not have a decal. There are less than 2 visitor spots per building and each building has 7 units.

Now the HOA board is allowing the tow company to tow cars without decals from under the carports, so if I have a guest over they cannot park in my private car port spot, is it illegal for them to tow from my carport spot if I own it? I was under the impression that is my private property. I want to properly bring up this issue at the next board meeting how should I do that? I also wonder if the condo association is responsible for paying to have them in our complex every night of the week? If I wanted to put a stop to this active towing every night and keep it to where the residents have to call to get an illegal car towed how do I do that? I don’t know if I need to start a petition or talk to other owners first. I appreciate any help as I do not want to stir up a problem at the meeting without some sort of knowledge!

19 Comments Click here to read/write comments

The condo association took away my deeded parking space

Posted on Thu, May 06, 2010 @ 07:35 AM
Can condo association board change a parking space that was assigned to a specific unit? I just purchased a 3 bedroom unit in this community that I have lived in for five years. In my deed under the clause "one assigned parking space number :------" was left blank. During the closing procedure I asked about the fact that the # is left blank and the attorney said that the community will provide me with the original assigned parking space. Since I lived for 5 years in my other unit that is 50 feet away I knew the exact parking space that belong to my new apartment. Suddenly there was someone else's car parked there. I went to our property manager and asked for my space back and this is where the whole drama started. The space she claimed was "mistakenly" assigned to two apartments and evidently there was a parking issue for 5 years. The apartment that I purchased went in to foreclosure and the board of directors made a decision to assign the space to the other unit owner which is one bedroom unit verses mine a 3 bedroom unit. Their resolution of the problem was to paint one of the guest parking spaces and tell me that that is the one that belong to me. I have confirmed with my neighbors which parking space the previous renters and owners have parked at and they all confirmed that it's the one that the other owner parks at now. Everyone on my side of the building park all around that parking space and the other owner lives in the next entrance of the building far from that parking space. Regardless of any past mistakes made with assigning of the parking spaces it was never a mistake made for my unit's parking but the other one bedroom. Please advise what I can do to rectify this issue. BNGGCZJKG57P

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