A.B. from Fairfield County writes:
Dear Mister Condo,
When I purchased my condo, it was listed under MLS and sold as a one car garage and a carport. Now, two years later, I am being told that there is NO PARKING under a deck or any room (which is my carport). The by-laws were written three months before the listing and four months before I purchased this unit. Can I go after the listing agent or seller or condo? Please help, thank you
Mister Condo replies:
A.B., I am truly sorry you find yourself in this predicament. As I am sure you have realized by now, the Multiple Listing Service (MLS) is not a legally binding description of a property. While the MLS should most certainly get the details about the unit correct, the listing itself may have little bearing on the outcome of you being able to park in your carport. I am not an attorney and offer no legal advice on this website, so please accept my words as friendly guidance. You may well wish to consult with an attorney to see if you, in fact, do have legal remedy available to you. You need to look at two things, in my opinion. First is your deed. Does your deed spell out your parking arrangement? Many condos also allow for parking of one vehicle in front of the garage as well. Does the deed mention specifically another parking space? If not, you may be at the mercy of the association’s by-laws, which is the next place you need to check. What, specifically, do they say? You use the phrase “I am being told”, which is not the same as “the by-laws state”. You need to read and understand the by-laws as it relates to parking under a deck or any room and make sure that this situation applies to you and your carport. Also, you need to make sure the rules are being applied unilaterally across the entire complex. In other words, they can’t single you out for improper parking in your carport while others in the association are allowed to do so. If you read and understand your by-laws and are still not certain that you cannot use your carport, I would advise you to seek the advice of a qualified attorney. Good luck!