V.L. from Middlesex County writes:
Dear Mister Condo,
The condominiums I live in allow residents to rent an additional parking space. Recently, my “assigned” parking was taken by my neighbor. He said my “assigned” parking space belong to him since it was on his deed.
On his deed it says “exclusive rights and easements to spaces 90 and 91.”
On mine it says “exclusive rights and easement to spaces 70.”
However, in the master deed it said that each unit has only one spot. My first question is, how could someone have another parking if the master said that each unit could only have one? My second question is, which document is more powerful? The master deed and by-laws or the unit deeds?
Thanks so much for your help!
Mister Condo replies:
V.L., I am sorry that this confusion has cost you your parking space but it would appear that the individual deeds spell out which of you has exclusive rights to which parking spaces. The wording in the Master Deed is generic enough for the purposes of describing the property as a whole and detailing some unit owner’s deeded rights. You could make the argument that the duplicity between the Master Deed and the Individual Deed creates an issue for you and you could challenge it in court but I think it is unlikely that you would prevail. As long as you have exclusive rights and easement to Space 70, you have what you are entitled to. Now, if your neighbor is keeping you from Space 70, that is a different story. Also, if you have paid the association for use of one of your neighbor’s deeded spaces (90 and 91), you may have cause to ask for your money back as they had no right to rent out a space that wasn’t under their control. Good luck!