C.E. from outside of Connecticut writes:
Dear Mister Condo,
In 1999, my mother purchased her condo and was assigned her parking spot. We have never had any issues with our personal parking spot. The only issue many condo resident have is lack of parking or abuse of parking spaces. Well we now are being told after 17 years that the spot was not assigned correctly and they are switching it with one of the other owners. I’m am super upset. Can they do this? Really? After so many years!
Mister Condo replies:
C.E., wouldn’t you and I love to get inside of the minds of the Board folks who determine that the best course of action is to reassign a unit owner’s parking space after almost 20 years? You would think they have better things to do and more important things to worry about. However, you have mentioned that this is a “mix-up” that has only recently come to light. Check your deed. Unless the exact parking space is deeded (part and parcel of the deed to the condo), the parking lots are owned and maintained by the association. As such, the Board is the governing body that makes any and all decisions with regards to association-owned parking lots. Your question is: Can they do this? The answer is that they most likely can. Should they do this? My answer is not unless absolutely necessary. You might want to look into why the decisions was made. It should be in the Minutes of a recent Board meeting. Did a neighboring unit owner request a handicapped accommodation? Was the lot repaved and spaces lost elsewhere? There may be a legitimate reason for the action. If you can’t find one, you are well within your right to request the space be given back although the Board is under no obligation to do so. Also, were you the only unit effected by the parking lot reassignment? If you can find enough other disgruntled unit owners, you might just want to mount a campaign to get some new folks on the Board who will return the parking spaces to the way they were. Bottom line is the Board very likely had the authority to reassign the space. It would be nice to know why they did it. All the best!
2 thoughts on “Condo Parking Space Reassigned After 17 Years!”
Can a HOA treat owners inequitably? Give a bigger space to someone when restricting the spaces, or allowing their carport to go over common area giving them an even bigger space?
C.C., that is a difficult to answer as the two items you have asked about are not directly related. Typically, the Board controls the parking areas and can use them as they see fit. However, they cannot arbitrarily behave with discrimination in any Board function. If you feel you have been treated inequitably, you should seek the services of an attorney to see if you have a case. Otherwise, the Board may not have done anything that would be considered inequitable in a court of law. All the best!