Condo Association Management Blog

I have heard of it being done in states outside of Massachusetts but don't know if a rule is sufficient to have that power. I would think that the Declaration of Condominium or By-laws mights have to be amended by vote of unit owners except in states such as new Hampshire where the condominium act states the board may terminate services for nonpayment of condominium fees. 
 
That being said, I think all unit owners should pay their condominium fees-not paying puts an unnecessary burden on all of the other unit owners. 
 
 
 
Stephen Marcus 
 
Marcus Errico Emmer & Brooks 
 
Braintree, Massachusetts 
 
781.843.5000 
 
www.meeb.com

Download and read the NY State Condominium Act for your answer

The board can restrict access to and usage of common areas. In many cases garage is considered common area. It sounds like in your case it's not, since it's deeded.  
 
Based on this I would say that no they cannot restrict access just like they can't lock you out of your unit 
 
It's too bad because parking restriction is a good way to force people to pay their dues. We do the same thing in our property.

Hey, it's your property. It's deeded to you. It's not a common area. Maybe they could bar your access to it as the access must be common.

I have to agree with others who have stated the board cannot do this because the parkig space is deeded to you and it is not a common area. However, you should take a good look at your CCRs under the article that addresses actions that can be taken to collect delinquent assessments. In many instances the board has the authority to deny the delinquent members the right to use common amenities and the right to vote. Towing vehicles is usually restricted to parking violations not being delinquent in payment of assessments. And, whereas the board may have the authority to adopt new rules, generally speaking those rules can only address certain things which would be spelled out in the corresponding article of the CCRs.

The comments thus far are right-on. I woulod be surprised if any state allowed this policy provided the spaces are truly deeded.

he powerless shareholder can do if there is no state law available to There may be state law in NY that enables the shareholder to meet and confer with the board such as being similar to the California's Civil Code sec. 1363.840. 
Or, your problem is despite available state law to have prior meet and confer, the board takes action on the homeowner without prior meet and confer privilege conferred on the homeowner.  
 
In that case, why not read the condominium act of NY state, and also write to the Attorney General of NY for an opinion for his opinion on this problem. 
 
The question to ask is whether the condo board can exercise the power of owner of land to evict a trespasser? 
 
Of, the question is whether you are considered a trespasser on your own property if you failed to comply with a contractual agreement to pay dues? 
 
Third thing to do is to audit a year's financial statement with two bank statements. First find out what the bank says the association has during the beginning of the one year period. Secondly, add the total amount that the board publicized that it has received (Which is what the total should be,less what is in arrears, to become what is actually received.). The subtotal is what is available in cash. Third step is to minus from that subtotal all the expenses that the board says in their monthly reports or periodic reports that they have spent for the 12 months' period, to get a figure on what the remaining available cash should be. 
The fourth step is to compare that "should be" available cash's amount with the bank statement of the end of that 12 months period, to see the two figures namely "Should be remaining available cash " and "Actual amount of cash in bank", are almost the same.  
 
It there is a big difference, with the latter figure being tens of thousands of dollars small, go ask a certified public accountant, or go ask the district attorney of your state for an explanation. 
 
Of course, report that someone takes over the ownership of your parking lot. Is that a new kind of "home invasion" that the police can handle? 
 
 

While our parking spaces are deeded to the associated unit owners, the garage is a defined as a "limited common element" in our bylaws and state law. The Association does have some authority to exercise over parking spaces - because access to limited common elements is limited to legal owners and/or tenants - but to deny an owner access I would think one would have to file suit, wouldn't one? Isn't it more akin to filing for eviction from the actual unit?

I would definitely look into reviewing this matter with a legal counsel to interpret case law, the association's governing documents, and statutory law on this area. By reviewing it on first glance, the deeding of the space means that the Association has to make a determination of its power to act on a owners property. Also, the governing documents of the association usually outline remedies that the board can institute against a homeowner for failure to pay their condominium association dues.

They can't block access to your kitchen or bathroom, right? Same thing..

It depends on the structure of your doc's are you the deed owner and tax payer of the parking space? Do you insure it and maintain it?  
If not the spaces are common property and is owned and care for by the association ( all unit owners). If this is the case YES! the association as the right to restrict and remove your car from using the common area. You are not current and in good standing with the condo membership thus the board must take action in order to collect all fees due the membership. The board is legally bind to protect the interest of the association. If you are current than don't worry about it. If you are not then you cannot use something you don't pay for. Pay up, get current and don't worry about the good well the board member are showing those who have elected them to protect their interest.

In the pass I asked the question, whether the Board has the authority to revoke an condominium homeower their parking space. For being in arrears in their common charges. Doing further homework and research of our by-laws located in Richmond County,NY. 
 
I found that the parking spaces are common elements wth liminted restricted use of the homeowner.  
 
That being said, once again can the Board revoke and tow their cars, until they either pay in full and or have the option to sign an agreement to pay 25% upfront and the balance to be paid within a 24 month peroid. While being on an agreement plan that the homeowner signs the will be allow to park their cars in their spaces without being towed. Providing they do not default 2 months in their payments.  
 
The Board mailed to all homeownes a letter of this new parking rule. 
 
Since we have many Homeowners in arrears. The Board decided to mail a letter, certified mail to the top 3 Homeowners in arrears, including a agreement form to fill out and have it nototriized. They are to mail it back within 10 days 
 
with a initial payment. Otherwise they parking space will be revoked and their cars will be towed. They are to park on public street, until they make some kind of agreement. 
 
That being said, is it legal for the Board to have the authority to make such a parking rule. Thus, adding it to the rules and regulations of the condominium. 
 
Thanking in advance on all comments 
 
JB