P.G. from outside of Connecticut writes:
Dear Mister Condo,
When we purchased our units, many, but not all, came with parking spaces granted legally by the developer. Many owners/tenants are leaving their non-moving vehicles (we have 72-hour “must move” to a new spot rule). MANY others are having their “visitors” regularly use their space. They are not visitors, they are there EVERY day. It’s a sublet or extra vehicle of an owner (we have a maximum of 2 vehicles per unit). Did the developer have the right to grant spaces like that to some? For example, what was to stop the developer from granting ALL spaces to one owner? I’m fortunate, I have a space, but many do not. MANY who do are abusing it, or not even parking their car in that numbered spot “in case” they have a visitor. What can be done? Thanks.
Mister Condo replies:
P.G., I am not familiar with the concept of “granting” parking spaces. If the parking spaces are listed on the deed and were made part of the purchase, there isn’t too much the association can do about reclaiming the spaces for the general use of the association. If there is no mention of the spaces on the deeds and the only “claim” unit owners have is a verbal agreement they claim they had with a developer who is long gone, the Board may be able to use the association’s governance documents as claim over the common areas, which typically include the parking areas. If that is the case, reclaiming these spaces is Step 1. Reassigning them is Step 2. Before you try either, consult with the association’s attorney who will give you the correct legal advice to proceed. Understand that this is not going to be a popular decision with the folks who will be negatively impacted. However, fair is fair and right is right. If unit owners have no legitimate legal claim to their extra spaces, reclaiming them is the right thing for the Board to do. This can affect future unit owner’s enjoyment for years to come. Good luck!