Parking spots-Limited common area

Started by ElizabethC3 • 1 replies • 1855 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ElizabethC3 (Indiana)
Posts: 21

Posted:

I live in a high rise condominium, a conversion project from apartments. Our declaration includes the "plans" for parking spots, an addition to the garage was built during the development. The condominium units were set and numbered in the legal description, this was not an expandable project, just converting apartments. A lot of people bought and waited for their parking space to be constructed and it was. The parking spots were and are all numbered-period. Indiana Statue IC 32-25-7-1 (4) states that "the declaration must include a description of the limited common areas, stating to which condominium units their use is reserved". The documents were given to us have the garage "plans" with numbered spaces but we have nothing stating the unit # for these spaces. The plans did and do show assigned and marked handcapped spots. As the developer sold units, he assigned parking spots at the time of the sale, I guess it was a bargaining chip? As sales continued, he then started selling parking spots that were "verbally promised" to buyers to be set aside as visitor parking and loading, unloading at the service door. Some handicapped spots were painted over and sold. There is no documentation showing these changes as amendments in our declaration. My questions are; Should these spaces have been assigned to a particular unit when the declaration was recorded (statute says it should have been) and any changes would be in the form of an amendment to our declaration and a part of our records that we possess? The declarant turned over control of the Association to an elected board in 2004 even though he had remaining units to sell. Should the remaining parking spots have had a unit assignment (posssibly to his remaining units) and our documents show that fact? if they were not assigned prior to the turnover would they become the property of the members of the association and the board would decide how they would be used after he turned it over? The developer is continuing to sell parking spots that he "owns" to interested buyers, does he really own them or does our association? I guess about thirty spots are floating around out there. The president that was elected (not too sure that was on the up and up) has acquired a lot of parking spaces that were not assigned to his units when he bought them. He is now wanting to sell them to the association for visitor parking. He has told me that what he paid for extra parking spaces and what I paid for my extra spot is between the him and developer and me and the developer, if the developer sold them to him for less, then that's his business. I guess I have to agree to that statement even though I don't like it but the transactions took place after the "turnover"(?). Do we have an argument here? I have asked for the limited area (parking spot) assignment sheet that I assume must be in the office. We'll see if I get it and what it documents. Does the developer still own spots after the turnover if there is no documentation that parking spaces are assigned to his units? Developer ownership of unassigned parking spots? Is that possible? Any thoughts here? Thanks. Betty C. in Indiana

ElizabethC3 (Indiana)
Posts: 21

Posted:

I am updating my post. I have just received this email from the president of our association. What do you think?
Betty C. in Indiana

************
Betty,

You will not voluntarily receive summary information pertaining to
personal property ownership here. That includes parking space
assignments. For privacy reasons, the Board has consistently taken
this position on various matters and requests like yours. On an
individual parking space or condo, we might make an exception for a
good reason. But never in any summary form unless required by law and
approved by attorneys. I am not going to an attorney on this matter
unless you pay for it. This is non-negotiable.

To reiterate, parking spaces were not assigned when the Declarations
were first recorded since the Developer owned all of the condos and
all of the parking spaces collectively. It is my understanding that
Declarations are only recorded one time and amended thereafter. So,
the Declarations we've inherited do not and will never show parking
space assignments. And for the reasons I have stated, we will not
propose an amendment with this information. It's unnecessary and
actually a detriment as we see it.

All parking spaces are assigned: there are no common spaces for the
use of the first guy that comes along. Furthermore, the Developer
retained the right to sell unassigned spaces until they were all sold
and regardless of whether he had retained ownership of any condominium
units. There is no language denying him this privilege or terminating
it once his last condo was sold. Except for the Declarant, however,
all private owners must now hold title to a condo in order to retain
title to a parking space.

You are not understanding the parking space transaction referenced in
our Board minutes. The Developer was selling his remaining spaces to
a private homeowner--as he has every right to do--and allocating a
large percentage of the proceeds to the Association. We did not own
the spaces originally, we paid no money for them, and we had no legal
right to any of the proceeds. The money will go to repaint the
balcony railings and avoid any potential conflict over who was responsible
for that cost. The Board reviewed the details of this matter and approved
it. In truth, we might have received NO compensation otherwise, and
you don't look a gift horse in the mouth.

I'm not revisiting the role of the Declarant and what he has been
entitled to since he relinquished operational control. It's history
at this point, and we have more important matters to deal with.

Your characterization of the Declarations (a "mess"), our need to
change them, the situation with parking spaces, etc. are largely
MIS-characterizations. I'm not going into any further debate on these
subjects, and I don't need your advice on how I do my job. If you
want to continue this pointless debate, I suggest you put your
requests in writing in the Board letter drop box. And if you have a
good idea that your request will be denied--like the private parking
space assignments--you might as well have your attorney send it on his
letterhead.

KZ

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here