N.I. from outside of Connecticut writes:
Dear Mister Condo,
I own a condo apartment in an Association that actually has four Associations. Association 1, 2 and 3 are independent condo Associations. The Association that manages the common elements is called the Recreational Association. The board of the Recreational Association made a decision to replace the swimming pool. I received a telephone call from the front desk person of the Recreational Association that I have to move my car to the Valet Parking for 4 months. I asked for the reasons and was denied answer. I asked if the board approved this movement and was told that she does not know. I asked if I had been sent an official letter from the board indicating the change of the parking space and was told that she did not know. I feel very lost in this situation. I contacted several board members and asked them if they know about this issue. They told me that they didn’t hear nothing about this and only president maybe know. I placed a call to the president but got no response. Should I move my car to the new temporary parking space without the letter from the board? Thank you.
Mister Condo replies:
N.I., the technical and legal answer may lie within your condo governing documents but the practical answer is that you should respect the wishes of the Board and honor their request to park elsewhere while the swimming pool is being replaced. I am not an attorney so, please, consider my response as polite and not legal. If you require a legal opinion, you should consult with an attorney.
Generally speaking, the parking lots at most condominiums are under the ownership of the association and subject to their governance. That means they can make rules regarding how and when the lots are used. They are not typically under any obligation to reveal their reasons for changing the rules but they must serve adequate notice when the rules change. Generally speaking, a telephone call is not adequate notice and you should have been notified in writing. That being said, if you were not notified in writing at the time but you now know of the rule or request that you vacate your usual parking place while the pool work is being done, I would recommend that you honor the request. After all, the work being done is for the benefit of the community, of which you are a member. This is not a permanent reassignment of your parking space, which the Board could very likely also do if they so decided. This is an opportunity for you to be a good community member and work with the Board to help them handle the business of the association. You may have a case to fight them Board for not providing adequate notice of the parking change but, honestly, that is more likely to get you branded as a troublemaker than it is to get you your space back. Work with them until the pool repair is complete. Then go back to enjoying your usual parking space and the repaired pool as well. All the best!