Condo Association Management Blog

If it states it in the your condo docs then point out the line to the President.

In addition, you should have paperwork from the developer.

I am so sick of abuse by condo Boards that I really think that laws must soon be changed to create more accountability. As much as I like the concept of community, this form of ownership is not as desirable as it would seem at first glance. 
 
Jim Court 
Elmhurst, Illinois 
 
e-mail idealist2@aol.com

Did you purchase a license or the space?? Do you pay real estate tax on the parking space. Why do you say the parking space is a commion element? Cite what your condo docs say in this regard. On what does your President base his conclusion that the developer should never have been sold. Yiou say you leased it. Whicjh oy your is correct. 
 
Please repost and clarify the problem.

If u purchased spae you must have a receipt. Is the fact that you purchased a space on your deed? If not it shouldhave been put on it. A similar case in Florida resulted in the Judge saying the President has stolen your parking space - literally taken away from you what is yours. So next will he take your car and then your condo?

It seems that bullies only under one thing. Power. Perhaps there is a need for a condo "Syndicate". They would meet with these people and make them an offer they cannot refuse. Although I say this in jest, bullies hide behind the barriers that a civilized society places in the way. Sometimes the crooked Sheriff needs to be "run out of Dodge"

If you have proof of purchase from the developer, go to the police and file a report for larceny of property, a felony. This is criminal fraud. Yet another abuse of power.

If the space is Common Element, then individual unit owners cannot own it individually. However, it can be designated "exclusive use" common element, meaning only one owner has the right to use it. Many times parking spaces are designated "exclusive use common element" and the assignments are specified in the condominium declaration. These assignments are not subject to reassignment, unless it is done by amending the declaration. 
 
Since you purchased the right to use the space indefinitely AFTER the declaration was written, there must be some other mechanism which empowers the declarant or the board to exclusive use to owners. Therefore, there must be a record, supplied by the declarant, confirming the assignment. You should have been provided with some sort of official confirmation of this assignment at the time you purchased the unit. A copy should also be in the corporation's records. 
 
What has likely happened: Evidence of the assignment has been lost by any one of the management companies that have managed your place over the years. In addition, the current management can not determine from the documents the mechanism by which the original assignment was made. The president, coveting your space and knowing it is common element, inquired with the current management as to whether or not assignments can be changed. Management ALWAYS bends to boards to protect their contracts, and the management failed to produce any evidence of your assignment.  
 
It is up to you to show evidence that you had this space designated "Exclusive Use" when you purchased it.

Once again readers of this blog come down hard on a Board (or in this case a President of a Board.) 
 
The writer asserts that the President not only took the space away but also put his own car in the space.  
 
I would like to see proof of that statement.  
 
The writer should also show a deed for the space,or, at the very least, a receipt for the money. Is there anything on the public record?  
 
If he has a deed or receipt, then the answer will revolve around whether or not the developer had the right to sell that particular piece of property.  
 
If the questioner has used the space for seven years without protest the condo may have lost its right to the space. An attorney should be consulted.

Who pays the real estate property tax on the parking space. That docum,ent will settle the question as to who owns it.