C.M. from Miami, Florida writes:
Dear Mister Condo,
Question 1. If we have 21 parking spots and 18 units and the spots are common ground, can we change the condo docs and now sell the lots to owners that want them?
Question 2. Our condo has 21 parking spots and 18 units. The condo docs say it is common area, but spots are given to owners not renters. Is this legal?
Mister Condo replies:
C.M., that is very few parking spaces to be divvied up between the 18 units. I am not an attorney so for a true legal opinion I suggest you contact a local attorney who specializes in community association law. My instinct tells me that the answer lies in the condo documents which most likely include the important details of what parking is included with each unit. If there are garage, carport, or parking lot spaces assigned to units then it is very likely in the docs. If there are signed and numbered spaces in a common lot, then the assigned spaces are most likely offered for the exclusive use of the unit to which they are assigned, regardless if the unit is owned or rented. The renter would receive the right to use the parking space transferred via the lease on the unit. I find it hard to believe that neither of these scenarios is true but if that is the case and the parking is truly at the discretion of the association to do with as they see fit, I see no reason they couldn’t sell or auction them to owners that want them. However, an attorney should be consulted before such transaction takes place so that a proper review of the condo docs can assure what right the association has to sell or auction off the parking spaces. Another solution might be to pass an amendment assigning the spaces (one per unit) with the final three being used as visitor’s parking.