C.M. from Hartford County, Connecticut writes:
Dear Mister Condo,
My complex is only 24 units (6 buildings). Built in 1989 and bylaws are quite outdated but we can’t afford to update right now. We’ve had a few special assessments in the past year so finally got a copy – reading and researching. Couple of things. We recently had a water pipe collapse in one building- corner unit which required excavating their driveway. After a few days, the other 3 units in the same building experienced toilet backups, etc. That required another repair for a grand total of $24000. The Association (Property manager) put through a special assessment for all 24 units ($1000 each). BUT our Bylaws state that maintenance, repair or replacement of a Limited Common Area shall be assessed against the Unit or Units to which the Limited Common Area is assigned. Our parking spaces in front of our units are limited common area to each unit. Did they make a mistake here?
Mister Condo replies:
C.M., I am sorry for the damage your association experienced. The parking lot as a whole is association-owned and not a limited common element. Therefore, it is unlikely that the Special Assessment and repair cost were handled improperly. Unless your governing documents state otherwise, the parking lot is usually owned entirely in common. Things like decks and patios are more typical of limited common elements. Hopefully, you will not have a repeat of the water pipe collapse elsewhere in the parking area. Good luck!
1 thought on “Special Assessment for Possibly Limited Common Area Parking Lot”
While the parking lot is common property, the Declaration should specify how parking spaces are assigned to particular units and it could define each parking space as a limited common element with the right of exclusive use to the assigned unit. General costs of maintaining the parking lot would be an Association responsibility and expense. However, damage to a particular parking space might be the assigned unit owner’s responsibility. For example, if the car parked in a parking space leaked oil, the Association could charge the cleanup costs to the unit assigned that parking space.