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Delinquent condo owners get their parking space access revoked


Question:

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..


Answers (16)

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