HOA Requires City Resident Parking Permits for Parking Passes

C.S. from Massachusetts writes:

Dear Mister Condo,

I am an owner of my condominium with an onsite parking lot. I have two parking spaces on my unit deed. Due to recent parking issues the HOA sent out a letter stating in order to receive our new parking pass for our parking lot we must obtain a city resident parking permit prior to any passes being issues. Is this something an HOA can require?

Mister Condo replies:

C.S., I don’t see why not. You are a resident of the city and assuming unit owners are paying taxes to the municipality in return for their parking permit, it isn’t too far of a jump for the association to use the city’s parking permit for verification for their own parking pass issuance. If a unit owner were denied a parking pass for a deeded space based solely on refusal to produce a city parking permit, I could see where the rule could be challenged but it would take time, effort, and a lawsuit to do so. My guess is that it is just easier to comply with the HOA’s request. Good luck! 

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