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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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COMMENTS

Assigned is not the same as deeded. If the space were deeded, it would be recorded in public records. 
 
I'm guessing since you mention the word "assigned" that these spaces were not deeded and were assigned by the Board. 
 
Check your condo docs for the board's powers with relation to the parking lot. Odds are there is specific wording allowing the board members to reassign spaces.

posted @ Thursday, May 06, 2010 8:10 AM by Joyce Nord @ bestcondomanager.com


Deeded vs Assigned sounds right. I'd like to know if anyone else has any comments.

posted @ Thursday, May 06, 2010 8:51 AM by


You will need to verify if your parking space is deeded to your unit, if not, then the board can change the parking space to accommodate the association needs, if you get a new parking space make sure that this parking space is deeded to your unit if not will happen the same, also check your condo docs to seek what it says about parking spaces 
 
You can verify if one of the parking spaces that were changes were deeded to any unit , in the event that happen you can request to be treating equally and request that parking space.

posted @ Thursday, May 06, 2010 2:27 PM by Jose E. Humaran


If the spaces are assigned and not deeded, the individual will not be able to get them deeded to them, as they are common elements or limited common elements and the board doesn't have the right to transfer ownership of the common elements or limited common elements over to a unit owner.

posted @ Thursday, May 06, 2010 2:48 PM by Joyce nord @ bestcondomanager.com


I flew down from CT for my scheduled HOA board meeting to take place Monday May 10, 2010. I went to our property manager today (5/7/2010) and asked for a copy of the agenda. Our property manager said the meeting has been changed to May 17th. I went to one of the board members and asked him about this date change and he knew nothing about the board meeting date change. He is a board member!The board member told me he has received no notification ( email, letter, phone...) of the board meeting change! We both are wondering what we can do? Is there a timeframe when notification should be sent out? Should a board member be asked/advised when a scheduled board meeting has been changed? We have a schedule of our board meetings. Should we have been sent an update?

posted @ Friday, May 07, 2010 2:05 PM by Cheryl Browne


In florida (assuming that's where you are) the amount of time required for meeting notices depends upon the meeting type. I.e., budget, budget amendment, elections, meeting to modify / amend the documents or rules, or just a regular meeting. 
 
If the meeting is just a regular meeting only 48 hour notice is required.

posted @ Friday, May 07, 2010 2:22 PM by Joyce Nord @ bestcondomanager.com


I live in a condo in florida with a deeded parking space. The spot is deeded and a gate has been placed in front of and in between two condo buildings, causing a gateway and trespass on my deeded spot, and encroachment. The gate only opens one way, and I found gate hitting my car. My BOD of directors said the other building put it in and it is my problem. This has created a common area on my parking spot, and devalued my property, and I do not know what to do. Will I have to spend money to get a lawyer, or could I bring this to small claims court (less expensive option), to get gate removed entirely? I don't know how this could have happened, or what to do. I wrote sister building, and they told me they won't removed it without a letter from my BOD, and they BOD say, it was put in a while ago, that a chain and lock is on it (until my neighbors ask it be removed and it has been), and the matter is closed. This seems so entirely illegal, and if I hadn't said anything, I would have lost the spot entirely! I had a RE contract,(that fell apart), which brought the entire situation acutely to my attention! Please help/advise, and Thank You!

posted @ Friday, August 27, 2010 3:45 AM by Diane


I have recently purchased a condo unit and the previous owner had 2 deeded parking spaces. After the purchase I was told that one of them had been sold. I thought a deeded space was apertenant to the condo unit and could not be sold off.

posted @ Wednesday, January 11, 2012 2:04 PM by Rick Marshak


In Maryland can an assocation take your parking for back fees due ? Is this legal ?

posted @ Monday, May 14, 2012 9:57 PM by Godfrey


I wish I knew the right answer for you. I would keep communicating with the Association. You shouldn't lose a parking spot that is assigned to you through your lease. Maybe they need to build a larger parking lot. http://www.valleypowersweep.com/en/parking_lot_maintenance_parkade_maintenance.html

posted @ Wednesday, May 07, 2014 12:35 PM by Bob Strong


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