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Woodbridge, NJ owner questions boards taking of guest spots


Question:

numbered-parkingCan the board take away an owner's designated parking spots when they are in arrears?

Additionally, can the board suddenly take away guest spots for the purpose of renting to those who have more than one vehicle?

Our development houses 136 units on 3.8 acres. The association is 26 years old. The guest spots have been rearranged and people have swapped their deeded spaces to a guest spot if that space was in a better location.

Recently, the board in NJ put out a ballot to vote on renting out 10 guests spots in order to supplement the cost of security cameras. Our POS states that after the 136 numbered spots are given out the rest are guest spots.

I question whether the board can start renting the guest spots without an amendment to the document. They are also discussing taking away the owner's designated parking spot if they are delinquent. Most of the spots are deeded.

Some folks changed parking spaces and did not register their new spot in the clerk's office. The board states they can do this, but from my research they may not reassign deeded spots.

Our by-laws state common element privileges can be revoked if an owner is in arrears. However, the Master Deed states the designated spot is the unit owner's as long as they hold title to the unit.

My opinion, according to my research, is they may not take away an owner's deeded space. Again I feel if they want to rent guest spots we must have a 2/3 vote in favor of an amendment to allow revokable leases for the 10 guests spots.

Any comments?


Answers (3)

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