Board Condominium Governance Parking Rules Enforcement

Condo Bylaws Call for All Cars to be in “Good Working Order” but According to Who?

J.Z. from outside of Connecticut writes:

Dear Mister Condo,

I own a condo and two deeded outdoor parking spots. My car was in an accident and the condo board is telling me I’m not allowed parking my car in my own spot because it is not in good working condition. Apparently, this is in the building’s bylaws. The car is not severely damaged and is not leaking fluids. It does not pose a security risk to other owners. They gave me 48 hours to comply or they have threatened to tow it. Can they do that? What are my rights?

Mister Condo replies:

J.Z., I am sorry your car was in an accident. Unless your documents spell out what “good working order” is, you have plenty of wiggle room here. That being said, you do need to be mindful of the condo documents and ask yourself if you would want to see other damaged cars allowed on the property. It is a sticky wicket for the Board, at best. If you are going to have the car repaired, why not take it to the shop sooner rather than later? That way you’ll get your car back and the Board will have nothing to complain about. Even though it is your parking space, the lot is owned by the association and under the authority of the Board. It is up to them to enforce the rules. If they do tow your car and you end up taking them to court, you are going to get into an argument over what “good working order” means. Your definition of “not leaking fluids” or “posing a security risk” may not be enough. If the car is visible damaged, that may be all that is needed for the Board to prevail. Best to get the car off of association-owned grounds as soon as you can. Good luck!

2 thoughts on “Condo Bylaws Call for All Cars to be in “Good Working Order” but According to Who?”

  1. Condominium Documents is the rule, bible and laws of an Association. Vehicle parking spaces owned by the condo unit owner are considered limited common elements with different regulations than common area parking whereas these spaces are owned by the Association and the Board of Directors sets the rules and regulations. Normally
    the documents refers to open parking first come-first served. Most Associations do not allow vehicles to be covered in common parking. This is a hot topic during most years.

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