Oversized Vehicle Blocking Access to Condo Parking

M.A. from New Haven County writes:

Dear Mister Condo,

Can a landlord rent a parking space to an oversized vehicle like a Suburban and disable accessible parking to other tenants?

Mister Condo replies:

M.A., there are really two questions here with two different answers. Both answers depend on your rules and by-laws about parking. In theory, a landlord is a unit owner with one or more deeded parking spaces. Parking spaces are intended for the use of the resident of the unit. Some by-laws state this specifically; many say nothing more than the one or two parking spots that are assigned to the unit. If the by-laws are silent on the use of the parking space, the landlord may be able to rent out the space without violating any rules.

Disabling accessible parking to other tenants is another story. If an oversized vehicle is taking up space larger than the assigned parking space, the Board may be able to ask to have that vehicle removed from the property. Again, the by-laws may speak as the size of the vehicles allowed to be domiciled on the grounds. Many condos have specific wording that bands commercial vehicles and/or size of the vehicles allowed.

If you by-laws do not address either of these issues, you may need to have the Board implement new rules. There is a procedure for modifying rules that needs to be followed but it shouldn’t be too hard to legislate the size and type of vehicles allowed. Keep in mind that this rule will affect and apply to all unit owners. The Board cannot discriminate against his one unit owner. Banning oversized SUVs can be challenging because they are quite popular with so many people. However, if the Board is resolute and willing to take the proper steps, you should be able to solve this problem. Good luck!