A.L. from Illinois writes:
Dear Mister Condo,
I bought a premium, first floor parking space in downtown Chicago. It is a limited common element, and is assigned to my unit exclusively. I had it rented until recently. Now that it is not rented, I or my daughter would want to use it when we are in the area. The new manager told me that we cannot park there because we do not reside in the building. Being that it is just inside the door, and there are 4 floors of parking, whenever I drive by there is a car in the spot. When we used the unit before renting, this was always a problem also, and we had to have the garage attendant get in touch with the car owner and have it moved. Do you know if the manager’s decision to not allow us to use our parking space can be challenged? We would not even enter the building, as the overhead door is across from the spot.
Mister Condo replies:
A.L., not being from your neck of the woods, I am not certain of the laws for common interest communities in Chicago. That being said, you own the unit, which includes the parking space, so I can’t see where this manager has a leg to stand on should you decide to bring suit which is exactly what I would do. Perhaps the threat of the lawsuit will help this manager see the light and realize that you are entitled to what you have paid for. Please review your deed to make sure you understand what is included in your rights as a condo owner within this association. If you do need to hire an attorney, you may be able to include those costs in your suit against the association. Good luck!