Creating and Enforcing Condo Parking Lot Rules

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K.M. from Chicago, IL writes:

Dear Mister Condo,

What are the rules and regulations of private parking lots for town homes / condominiums? A resident who lives in my complex keeps his car parked in parking space a long period of time without moving the car. The person uses car for a storage area. What can be done about this situation?

Mister Condo replies:

K.M., unless you are aware of city, state, or federal laws about private parking lots, the answer is in the governing documents of the individual association. Further, the enforcement of those provision is under the jurisprudence of the Board of Directors of the association. In other words, the Board is the governing body that enforces the association’s own rules about how the privately owned parking lot is used. Because parking is a common concern amongst common interest community owners, there are often a great many rules about who can use the parking lot and for how long. Units are usually restricted to the number of vehicles that can be on property and parking is often assigned and regulated. If your governance documents are silent on the subject, then the Board can enact parking rules and regulation provided they follow the proper procedure for doing so. If your Board has no interest in either creating or enforcing parking rules, then pretty much anything goes. If any of the parking spaces are deeded (part of the condominium unit by way of the property deed) then those spaces are individually owned. The spaces controlled by the Board are all of those which are part of the common elements. In most associations, that means all of the general use parking spaces. Review your governance documents and speak to the Board about either creating new rules for parking or enforcing existing rules. That should clear up the problem. Good luck!

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