Tag Archives: Parking

Condo’s No Parking Rules Ignored by Unit Owners Including Board President

K.J. from Fairfield County writes:

Dear Mister Condo,

There is a spot near my garage which is marked “No Parking”. If someone parks there, it is very difficult if not impossible to maneuver my car into my garage. Additionally, it narrows the driveway in our parking lot so that other cars have trouble going around the lot. Sometimes a neighbor will have a guest park there because the guest is too lazy to park in visitor parking which is about fifty feet away. One of my neighbors parks there weekly because it’s just more convenient than her garage. That neighbor is president of the condo complex. I have complained to her about “people” parking in that spot and she says “You’re right they shouldn’t” and then the same day SHE parks there. What should I do?

Mister Condo replies:

K.J., all you can do is complain loudly and often each and every time the “No Parking” rule is violated. The president of the Board is not exempt from the rules of the association and should be reported for each and every time she violates the rule as well. Presidents who feel they do not need to follow the rules of the association have no business serving as officers of the association and I would not hesitate to point that out at the next election cycle when she is running for reelection. If she isn’t going to follow the rules how can she be expected to enforce the rules, a primary duty of the Board? Other than that, it sounds like you have a series of unit owners and guest who just don’t care about the parking rules and how their violation of those rules inconveniences other community members. The world is full of rude and ignorant people; sounds to me like a fair number of them reside in your association. The rules are on your side; well-mannered residents are not. Keep complaining. It may get better; it may not. All the best!

Condo Board Enforces Parking Rules After 20 Years!

J.M. from Florida writes:

Dear Mister Condo,

I have been living in my community for the last 20 years. Never have I had a problem with parking before. All of our units are single building divided into three town homes with a three-car, three-door, non-divided open garage. My garage section isn’t very big especially being completely open on the inside, it would be impossible to have three vehicles parked inside with the ability to get in and back out. I have things stored in my garage as any normal town home living person does leaving me unable to put a vehicle in the garage. There has been a new resident that moved onto our street in our gated community. Since his arrival he has joined the board for parking reasons and is causing nothing but problems this past year. I live in a two-bedroom unit with my wife and son. We have always parked one vehicle behind the other putting two in our driveway. The Board is trying to tell me that I can’t park two vehicles together anymore, one behind the other or they’re going to tow it. They even went as far as to paint yellow lines for parking limitations only for my building and the adjacent neighbors building. The rest of the entire community has no painted lines. There is a very big parking lot one street over from us that is guest parking for the pool and the clubhouse. They are telling us that we cannot park in guest parking. There is no other overflow owner vehicle parking anywhere else in the community. Even if I clear my garage that only takes care of two vehicles. Having three vehicles they’re trying to tell me there is no place I can park it that is acceptable. It has gotten to the point that me and my family are being severely harassed over this matter. Since I have been here for over 20 years does any kind of grandfathered rules apply? Don’t they have to provide some kind of overflow parking for residents since all the guest parking spots they say are not usable for resident vehicle? I am close friends with my neighbors in our building that are only here 4 months out of the year and they allow us to use their two spaces when they’re not here. They’re coming back very soon and before this turns into a huge legal matter, I want to know what my options are and how to fight back. Thank you so much for any kind of response or information you can provide me with. We are located in St. Petersburg, Florida (the Sunshine State).

Mister Condo replies:

J.M., I feel your pain but I don’t think you’re going to like my reply. Generally speaking, the association owns the parking areas in most condominium associations. That means that they make and enforce the rules dealing with parking. I am painfully aware of the notoriously small parking spaces you speak of. Maybe two cars and a golf cart would fit but three full-sized cars are not likely to fit. That being said, that isn’t the Board’s problem or concern. notoriously small parking spaces you speak of. Maybe two cars and a golf cart would fit but three full-sized cars are not likely to fit. That being said, that isn’t the Board’s problem or concern. You have what you have, no more, no less. The association is under no obligation to provide you with any additional parking and your deed likely doesn’t guarantee it either. Additionally, many associations prohibit the type of open storage of belongings you describe. In other words, carports and garages are for parking only. I wouldn’t be surprised if the Board enacts and enforces a rule prohibiting storage in the garages so be ready. The bottom line is that the Board has many powers given to them by the association’s governance documents and state law. If you feel they have overstepped and can back it with provisions of your governing documents, you should seek legal counsel to see if you can fight back. Other than that, your 20-years of using the parking garage as you saw fit rather than how the by-laws read was a bonus for you. I am not aware of any provision that grandfathers in breaking of the rules because it suits you. You can always seek out a seat on the Board yourself as your neighbor has done and see if you can make the changes you seek from within the Board but understand that service on the Board involves much more than just your personal parking issues. I wish you all the best!

Condo Owner Wants to Sell Condo Carport Space Without Deed

R.R. from Missouri writes:

Dear Mister Condo,

I own a condo in St. Louis County, MO. The condo has 2 carport spaces that we thought were deeded to me however they are not actually on my deed. My neighbor wants to buy a space but I am not sure they are mine to sell. The association thought they were deeded to me as well. Any advice?

Mister Condo replies:

R.R., if you rock the boat hard enough, it just might tip over. Real estate deeds are very specific and legal documents. Right now, you don’t have a deed to your “deeded” carport spaces. How can you convey a deed to your neighbor that you don’t have? You can’t. My guess is that the spaces are actually owned by the association but are for your exclusive use, meaning they are a limited common element and you don’t own them and you can’t sell them. If your deed says otherwise, thane you can do as you see fit. However, from what you have told me, you can’t sell what you don’t own. A better solution might be a friendly handshake and understanding that your neighbor can use one of your spaces. And if he wants to offer you some money for that favor, who’s to say what is happening. All the best!

Feeling Singled Out For Condo Parking Violation

S.B. from outside of Connecticut writes:

Dear Mister Condo,

I received a letter from the management company that told me that I had to park my car centered back to front and side to side and I was not on the line or over the line or the next time I would get fined and I have taken pictures of other parking violations to show the management company. I feel that I was singled out and others park on the line and I was told that unless the trustees tell the management company to send these people a letter there is nothing that can be done. Is this true or should I talk to a condo lawyer? How is it I get a threating letter and others don’t?

Mister Condo replies:

S.B., you may have been singled out or you may have just been the only one who was reported as making a violation. Parking lots are always hot topics at condominiums and HOAs because there is often a shortage of spaces for the number of vehicles parked by residents and guests. How will you prove that you were singled out? Is there a pattern of discrimination or harassment? If you feel you have a legal complaint against your Board, you can pursue a legal solution. Have you spoken with a local attorney? That is who will give you the legal opinion about whether or not you have a case. My friendly advice is that you park as required by your condo’s rules and regulations. Report and document any parking violations you witness and send your complaints to the Board or Management Company. If they take action only against you, you may have a case. Otherwise, it may just be a simple one-time warning that you needn’t worry about too much. Good luck!

Condo Renters Threaten Lawsuit Over New Parking Arrangements

S.G. from New York writes:

Dear Mister Condo,

I’m a board member of a 150-unit condo association. The property was built with only 120 parking spaces back then. We just reconstructed additional spaces on the property for the first time in over 50 years. We have unassigned spaces due to near 50/50 owner/renter ratio but have now given Priority parking for Resident Owners only and have designated spaces for renters on the other side of the property – a short walk. Prior to restructuring, renters parked closer to their units which also meant owners having no space at all. Our new lot however, now has about 10-12 unused preferred spaces every day where before restructuring, we never had a single open space.

A few renters have threatened to file a discrimination lawsuit based on 2 things: 1) they used to be able to park closer to the building and have now been assigned to the other side of the property/walking a longer distance, and 2) these 10-12 Preferred spaces which are sitting open every day magnifies the question: why can’t the Board make some of these spaces for renters?

We realize it’s the summer season with many vehicles off property/out of town and believe we may see a smaller number of empty spaces after Labor Day, but we really want to know if this would be a case of discrimination in NY or if a court would simply throw it out as the renters do have spaces, they just don’t like where they are now versus prior to the restructure.

Mister Condo replies:

S.G., unless the governing documents read otherwise, the association is free to do what they please with the association-owned parking lot. That being said, in a litigious society such as ours, you might want to run the scenario by the association attorney to see if any residents would have a case. In my opinion, they don’t but I am neither an attorney nor an expert in New York condo law. You will always have malcontents when you rearrange parking. There will be winners and losers but that doesn’t mean they have grounds for a lawsuit. Run it by your association attorney. My guess is you’re fine. All the best!

Can Condo Owner Park in Guest Parking Space?

R.C. from outside of Connecticut writes:

Dear Mister Condo,

Each building has 36 tenants. Each owner has their own parking space. We also have guest spots. One owner has a spot they don’t like and parked in a guest spot nearer to them. Is there a rule against that? Thanks

Mister Condo replies:

R.C., you tell me! Is there a rule against that? A simple examination of your condo’s governing documents will tell you who can use the guest parking spaces. Typically, the spaces are reserved for guests but many condo documents say nothing about who can or can’t park there. In other words, if there are no rules about how the community association-owned parking lots are used, there may be no issue with your neighbor parking there. On the other hand, if there are rules or the Board decides to create rules about how the spaces are used, it is possible that neither he nor any other resident will be allowed use of these spaces. It seems to me that they were intended to be used as guest parking spaces and that is likely their best use. Good luck!

Condo Board Creates Questionable Parking Regulations

R.D. from outside of Connecticut writes:

Dear Mister Condo,

Does the Board of Directors have the authority to override terms and conditions established in our governing documents with a plan conceived and designed at a board meeting that does not have majority approval from the community residents? They want to impose a parking plan and tow cars w/o stickers, yet the community document section has a section that addresses unit owner rights to an assigned spot and a section that defines the responsibility of that section. Defined responsibility does not include the mandatory uses of a sticker.

Mister Condo replies:

R.D., I understand your concern about the Board making plans to manage the parking areas. And you are right to be concerned about the lack of majority approval from unit owners before making such plans. However, the Board members were democratically elected by the unit owners to act on behalf of the association. Does your association have a problem with parking? Most associations manage their parking carefully as it is typically a precious resource. That doesn’t mean that the Board can simply pass rules without following the rules for making rules. As long as they have adopted the rules in accordance with their powers as outlined in the association’s governance documents, they are well within their rights to do so. Keep in mind that the community association parking areas is one of the biggest challenges faced by Boards. Unit owners, renters, and guests can make a real mess of limited parking. These new rules may be the association’s best chance at managing the chaos and keeping the parking lots under control. Like all new rules, there will be an adjustment period. Hopefully, no vehicles will actually have to be towed for order to be restored and all residents to have use of the association parking. Good luck!

Condo Renter Has Seven Vehicles on Property!

K.L. from outside of Connecticut writes:

Dear Mister Condo,

Can the condo board make a rule on how many cars a unit can have? A renter has 7 and they say they can’t make a rule!

Mister Condo replies:

K.L., that is a lot of cars for any condo dweller! The association may not be able to make a rule about how many cars any unit owner or renter may own BUT they can certainly make rules about how many vehicles can be stored on association property. Where does this renter keep all of these vehicles? Typically, condo units come with one or two assigned parking spaces and or a garage space. There is also visitor parking in many associations which is typically owned and governed by the Board. I do not know of any associations that allow an unlimited number of vehicles on the common grounds and for good reason. There isn’t enough space! If the association’s governance documents are silent on the use of the association-owned parking lots, it is time to add them. If the association has an attorney, this would be a perfect time to check in with him or her and explain the problem and have him or her draft the resolution so the Board can adopt it. Problem solved. Good luck!

Condo Parking Space Promised but Not Delivered

S.S. from New York City writes:

Dear Mister Condo,

I live in a 6-unit new construction condominium in NYC. The builder who I purchased my condo originally told me that even though my unit does not come with parking spot, there was a spot on the side of the building that could be converted to a legal parking spot. Recently I wanted to do this and told the board I would incur all the cost associated with the legalizing that spot.The condominium board of directors voted and denied me a spot. Can I still legally do it without their approval by hiring an attorney or something?

Mister Condo replies:

S.S., I am sorry for your predicament. I can tell you that most questions I get that begin with someone telling you something without you having it in writing don’t end well. The statement that “your unit does not come with a parking spot” is a second telltale sign that this isn’t going to end well for you. You can certainly hire an attorney and see what can be done but, from what you have told me, it doesn’t sound like you will have a case to make the Board release the parking space to you. Perhaps you can rent the space from the association? That might make more sense than spending money on a lawsuit that, to my eye, shows little merit. I am not an attorney and offer no legal advice in this column. You should certainly speak with an attorney for a legal opinion but if the attorney says you don’t have a case, I wouldn’t be too surprised. Always, always, always get it in writing. Good luck!

2 for 1 Condo Parking

H.Y. from outside of Connecticut writes:

Dear Mister Condo,

Can I park my car and a small motorcycle in my underground parking spot?

Mister Condo replies:

H.Y., it depends on how your parking lot rules read. This is a common issue all across the country. Unit owners feel they can park more than one vehicle in their parking space. If the Board allows it, no problem. However, if the association’s rules on parking state that only one vehicle may be parked in any one space, and the Board elects to enforce that rule, then you cannot. If your parking rules are silent on the subject or have no limits on how many vehicles are allowed per parking space, you might be within your rights to do so. However, the Board can simply institute more specific parking rules that would limit your ability to do so. Typically, one vehicle per spot is the rule. If you and enough fellow unit owners wish to change the parking rules in favor of allowing multiple vehicles per space, you can ask the Board to pass a rule allowing you to do so. All the best!