Condo Board Dictates Condo Parking Lot Rules

T.P. from outside of Connecticut writes:

Dear Mister Condo,

Our condo bylaws include parameters for parking clearly aimed at owners. The HOA passed a rule stating that owners cannot use the parking spaces (the units have garages). Can HOA rules override bylaws? If so, what is legally required for them to do so?

Mister Condo replies:

T.P., the Board controls the common elements. Parking lots are common elements so the Board controls their use and can place whatever restrictions upon them that they see fit. The good news is that you control who gets to serve on the Board through democratic vote. If you and your fellow unit owners don’t like the parking lot rules, vote out the rule-makers and replace them with Board members who see it your way. That is the beautiful part of having democratically elected members of your Board. All the best!

One thought on “Condo Board Dictates Condo Parking Lot Rules

  1. In direct answer to your question, the hierarchy of application, sets the rules firmly in last position. If your By-Laws state that owners can use the parking spaces, the rules cannot over-ride the By-laws, which in turn can be overwhelmed by details in your CC&Rs. As well, there may be state laws that apply when your association guidelines are silent.

    And Mr Condo is exactly right! Elect board members interested in a peaceful community while they exercise their responsibility to protect, preserve and maintain the value of the mutual real estate investment that all owners share in your HOA.

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