K.I. from Macomb County, Michigan writes:
Dear Mister Condo,
Can a condo owner sell a carport without deed?
Mister Condo replies:
K.I., some associations prohibit the sale of parking spaces and carport parking spaces so the first place I would check is the governing documents to make sure it is even allowed. Second, without a deed, what is actually being “sold”. I am not an attorney but I don’t see how a real estate sale could be recorded without a deed. On a practical note, I am aware of many “sales” that are done under the radar and without true legal consequence other than Unit Owner A agrees to let Unit Owner B the use of a parking space in exchange for monies. There really isn’t any documented “sale” so there is nothing for either party to file. It is all well and good until one of the parties decides the agreement is no longer beneficial or one Unit owner sells their unit and attempts to include the undocumented and undeeded parking space as part of the sale. This is the primary reasons many associations ban the practice altogether. Hope that helps.