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HOA Software
By CondoAssociation.com • January 5, 2016

Garage not listed on plat of Missouri condo

condo-garage-not-on-plat-1.jpgI own a condo with a garage in Missouri. I am the only unit out of 133 units where you can exit through the back of the garage directly onto my deck, and from there into the back door. This is a convenient arrangement.

However, the garage that I use and is attached to my deck and back door is NOT the garage that is identified as belonging to my unit on the plat that is listed in my deed. The garage would seem to be a "limited common area" that is reserved for the unit owner's exclusive use. My condo docs say that "limited common areas so reserved shall be identified on the plat recorded in the development of this property....No reference thereto...need by made in any deed, instrument of conveyance, or other instrument."

Do I have clear use of my garage even though is incorrectly listed on the plat? (Many other garages have also either been swapped or sold, but mine is a major convenience and selling point for my unit.)

I have already approached my title insurance company and they seem to think that it is a problem for the homeowner's association.

What next steps should I take? Should I hire a condo attorney? Does title insurance cover my costs to get the plat modified?

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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