Condo Board Charges Rent for Deeded Parking

G.S. from Chicago writes:

Dear Mister Condo,

I live in an Illinois Condominium Community with deeded parking spaces. Can the association board charge rent for these deeded spaces?

Mister Condo replies:

G.S., as a general rule, deeded parking is just that, deeded. It is owned by the unit owner and, therefore, not subject to be rented out by the Board or anyone else. However, it is possible that the space is being maintained by the association (paved, blacktop sealed, snow removed, etc.) and the association is passing those expenses on to you and calling that “rent”. The real answer lies in your governing documents. Also, review your deed. Does it allow for a specific parking space or does it give you the right to a parking space? This is a subtle difference but if the association owns the parking lot then they do have the right to use it as they see fit, which may include charging rent for use of the space. If this is too confusing to figure out on your own, you might wish to consult with an attorney verse in local condo law. The money spent on an opinion could well save you years and tears worth of rent on a parking space you already own. Good luck!

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