Board of Managers in a New York Condominium is proposing a rule that if unit owners in arrears in their common charges do not make a payment arrangement, their parking spaces will be revoked. In our Declaration and by-laws, it states that the parking spaces are limited common elements designated to the restricted in use to the Unit Owners. It also states, that the Board of Managers will have the right to reallocate parking spaces among sold Units with the consent of the affected Unit Owners. The question is, can the Board of Managers adopt and enforce such a Rule?. Is it legal to do so?
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