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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
We are a 43 unit (apartment style in one building) senior condominium in NE. We have a heated garage on the first floor with 31 spaces which were assigned to certain units when the Association was established in 1981. Shortly after it was established an amendment passed allowing reassignment of parking spaces.

A couple years ago there was some concern about the parking situation. Now I hear by the grapevine (not official yet) that an owner whose unit does not have a parking space in the garage has hired a lawyer to slap us with a lawsuit.

I plan on getting as much information as I can before we get notice of a lawsuit and I know we will need a lawyer for advice. But I am wondering if anyone hear has had any experience with lawsuits over parking spaces.

I have a new computer (that doesn't) crash almost every day so I will be able to spend more time reading and studying items on the computer.
PitA1
Posts: 222
Posted:
if I had a spot and it was 'reassigned' I would attempt court action FIRST

then

if I lost

I would call my friends, Mr. Smith and Mr. Wesson for advice

seriously, are y'all nuts, messing with peoples PARKING ?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Bonnie says:

We have a heated garage on the first floor with 31 spaces which were assigned to certain units when the Association was established in 1981. Shortly after it was established an amendment passed allowing reassignment of parking spaces.

I am not nor do I play a lawyer.

Based on what you said, it seems the spots are not deeded as they can be assigned and they were reassigned at one time. Were I a unit owner and one was not assigned to me, I would ask why not? I would also ask how can I get a spot?

I am quite surprised this issue has not arisen before. I would at least have an exploratory meeting with a lawyer as I expect the issue will not go away. Even if the rumored person does not sue, I can see the issue arising again.

Hope this helps.

PitA1
Posts: 222
Posted:
I will venture a guess (probably wild):

some spots were actually 'deeded'

some spots were designated 'visitor'

over the years the 'senior' know-it-all BODs 'mucked it all up' by misinterpretation and reassigned some/all visitor's parking spots - possibly including some deeded spots

as per Occam's Razor this explanation is most likely correct



let the games begin
TimB4 (Tennessee)
Posts: 21,059
Posted:
First, if you didn't ensure, or (due to space) couldn't ensure, that everyone had at least one assigned parking space in the garage, then (in my opinion) the Board should have never assigned any parking spaces.

We formalized a parking plan just last year. There was one in place but, as we were in the process of formalizing it, we discovered that the existing plan did not comply with the language about parking in our governing documents (that assigned spaces would be as close to the front door as possible). The Board corrected this discrepancy with the new plan (so we were now in compliance). We had one person, and only one, complain and it was about relocating the guest spaces so we could comply with the governing documents. We wrote a simple letter citing the governing documents and applicable laws. This individual has started to become the chief complaining officer, but that was the only fallout from the Boards decision.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PitA1 on 06/08/2014 11:19 AM

as per Occam's Razor this explanation is most likely correct

Had to look that one up: Occam's Razor
DouglasK1 (Florida)
Posts: 2,046
Posted:
31 spots in a 43 unit association sounds like a recipe for disaster any way you slice it. If they were deeded, then the board screwed up in reassigning them. If they're not deeded, then there is no fair way to assign them, unless fewer than 31 owners have cars and want spaces. Is there additional parking other than the garage? Personally, if there is no fair way to assign spaces, I would leave them unassigned.

Escaped former treasurer and director of a self managed association.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Bonnie, please tell us:

1. Exactly what do your governing documents, probably your CC&Rs, say about these parking spaces. 1.a. Are they really "assigned"? or, 1.b Are they deeded to units?

2. What exactly does the "amendment" say? 2.a. About "reassignment"? 2.b What method is used to "reassign" spaces, i.e., who has the power to "reassign" spaces???

3. Is this an amendment to your CC&Rs? If so, is it recorded? If not a CC&R amendment, what is it? Who approved this amendment? The board? Homeowners?

4. What does your own deed say, Bonne? In my HOA, spaces are deeded to owners and the space numbers are on the deed. If I wish, I may rent my space to other residents. I also can sell it (though that's never happened in our urban setting).

5. Is there other (uncovered) parking on your premises for residents? How many spaces?

I wonder with John46 why this problem (if it's really & not just gossip) hasn't emerged way before this time. The only reason I can think of is that the deed and/or CC&Rs are so clear that residents know in advance what to expect. We have enough spaces for all of out units either and this is common in urban setting where developers can make more profit off of units than parking spaces (or service elevators!)
CarolR11 (Colorado)
Posts: 2,563
Posted:
Sorry, Should have written we DO NOT have enough garage spaces for the developer to have deeded TWO spaces to each condo unit.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By CarolR11 on 06/08/2014 12:54 PM
Sorry, Should have written we DO NOT have enough garage spaces for the developer to have deeded TWO spaces to each condo unit.

What about deeding one space to each unit?
CarolR11 (Colorado)
Posts: 2,563
Posted:
Sorry I wrote so unclearly, Tim. Every condo has at least one deeded space. Most, but not all, have two. There are 16 Visitors Spaces that residents may not use. We have no additional parking on the premises for residents. If they choose to live here, have two cars, but only one deeded space, they either must pay to park on the streets or in nearby public lots.

Because of so many services within walking distance, some of us no longer have two cars and rent out our parking spaces. Going rate at the moment is about $200 a month.

In Bonnie's case, there aren't enough garage spaces for each unit.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
There is additional parking spaces in the outside parking lot. We hired a company to survey our property and they are almost finished. They just have the work at the court house to complete. Since we are adjacent to a Care Center and have shared a parking lot with them for years there is usually a place to park outside. Other than visitors parking there is no assigned parking spots in the outside parking lot at this time.

Originally the garage parking spaces were assigned when the Master Deed was filed at the court house. The amendment allowing reassignment was filed and is attached as part of our documents. Some of our owners do have deeds to their parking space. I did read the book "New Neighborhoods" when I first became a board member and according to this book, if your unit was originally assigned a parking spot, nothing could disconnect that spot from your unit but it did say the courts were beginning to change on this issue.

My understanding is years ago (due to not many owners driving) there were an excess of garage parking spaces. Now with so many older people continuing to drive even when they are 80 and 90 years old, there are not enough garage parking spaces for everyone who owns a car.

There is no space in the garage designated as visitors. There are spaces outside designated as visitors only, but around Dec. 2013 we got an email from the Care Center saying we are not to use these spaces. For the time being we are asking our visitors not to park in those spaces. We had a map of our property that shows the property line going down the middle of the visitor parking spaces but fine print saying we shouldn't depend 100% on the map. Once we get the results of the survey if our property includes some of the visitor only spots, we will definitely allow our visitors to park there.

My unit does not currently have a garage parking spot, but I am renting a garage space from an owner who does not live on site.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By PitA1 on 06/08/2014 11:08 AM
if I had a spot and it was 'reassigned' I would attempt court action FIRST

then

if I lost

I would call my friends, Mr. Smith and Mr. Wesson for advice

seriously, are y'all nuts, messing with peoples PARKING ?

Since I have lived here no one has messed with people's parking. The messing with people's parking was done years ago before the current owners owned any of the units. I personally wish that garage parking spots had never been messed with, but unless the court tells us to, we can't easily undo what was done years ago. Even if the court tells us to undo the mess, it won't be easy or accepted by a person who looses a garage space.

I would love to get this parking space issue settled once and for all. At this point, I am just beginning to prepare for a court case. I had some information regarding parking spaces on my old computer, but my excel files did not transfer in readable form to my new windows 8 computer despite all the technically help I have had getting the new computer up and running. I am planning on taking my flash drive to the library so that I can recover this info. I will have to print it at the computer and then redo it on my new computer so that I can make changes if I nedd to.

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By JohnC46 on 06/08/2014 11:11 AM
Bonnie says:

We have a heated garage on the first floor with 31 spaces which were assigned to certain units when the Association was established in 1981. Shortly after it was established an amendment passed allowing reassignment of parking spaces.

I am not nor do I play a lawyer.

Based on what you said, it seems the spots are not deeded as they can be assigned and they were reassigned at one time. Were I a unit owner and one was not assigned to me, I would ask why not? I would also ask how can I get a spot?

I am quite surprised this issue has not arisen before. I would at least have an exploratory meeting with a lawyer as I expect the issue will not go away. Even if the rumored person does not sue, I can see the issue arising again.

Hope this helps.


This issue has arisen before. A couple of years ago a new owner who happens to be a lawyer brought it up. I wasn't on the Board at that time. Things settled down for a while, but it looks like things are starting again.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Thanks for additional info, Bonnie. But, what do your governing documents say about these spaces?

Can you tell us how "reassignment" occurs? Who decides to whom to reassign spaces? What is the procedure?

Since you are renting a space, it sounds like it actually is deeded to the one you're paying rent to, right?

It seems to me that you need to know exactly which spaces are deeded to units. This should be a matter of public record at the county recorder's office even if the unit owners have misplaced their deeds.

If some spaces aren't deeded to specific units, to whom are they deeded?? Are they your HOA's common areas?
CarolR11 (Colorado)
Posts: 2,563
Posted:
I'm thinking I may have misunderstood you, Bonnie. Is the info that's missing from your new computer part of your CC&Rs? You wrote that this info is about parking spaces, but is it your actual recorded CC&Rs?

If so, they should be on file at your county recorder's office and so should the ever- mysterious amendment.

You also wrote: "Originally the garage parking spaces were assigned when the Master Deed was filed at the court house." This makes it seem that all spaces were, indeed, on the deed to most units. Your use of "assigned" causes me to think that the developer assigned spaces to units and those spaces are, then, deeded to the units. That's how it is here.

Now, when these units sold, the parking spaces should have been included with the unit and be on the new deed. That's not a "reassignment," it's just a sale of the unit and what goes with it as recorded on a deed.

So it's the word "reassigned" that's so unclear to me. Reassigned by whom? To whom?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By CarolR11 on 06/08/2014 3:42 PM
Thanks for additional info, Bonnie. But, what do your governing documents say about these spaces?

Can you tell us how "reassignment" occurs? Who decides to whom to reassign spaces? What is the procedure?

Since you are renting a space, it sounds like it actually is deeded to the one you're paying rent to, right?

It seems to me that you need to know exactly which spaces are deeded to units. This should be a matter of public record at the county recorder's office even if the unit owners have misplaced their deeds.

If some spaces aren't deeded to specific units, to whom are they deeded?? Are they your HOA's common areas?

The amendment reads
"All easements and other appurtenances benefiting an Apartment shall be inseparable from that Apartment and shall benefit and run in favor of its Owner and Occupants and their guests; provided, however, a Limited Common Area may be reallocated by a recorded assignment executed by the Apartment Owners between or among whose Apartments the reallocation is made, or by a recorded amendment to the Declaration executed by those Apartment owners. The reallocation of a limited Common Area shall not be effective until the Apartment Owners executing the assignment or amendment to the Declaration executed by those Apartment owners. The reallocation of a Limited Common Area shall not be effective until the Apartment Owners executing the assignment or amendment to the Declaration shall have provided a copy thereof to the Association. Neither the Governing Documents nor the Association shall in any case unreasonably restrict access to services and utilities or ingress and egress to and from the Owner's Apartment or any of the Limited Common Area appurtenant thereto."

Any part of the Common Areas and Facilities, including without limitation a storage compartment, patio, garage space or any item specified in ARTICLES 4(B)(1), 4(B)(iii) and 4(B)(iv) which is assigned o and reserved for the exclusive used of one particular Apartment shall be designated a Limited Common Area, and shall be encumbered with an exclusive perpetual easement appurtenant in favor of the Apartment to which it is assigned and for the use as is designated. The assignment of the appurtenant storage compartments, garage spaces, and patios to the respective Apartments is listed in Exhibit B and the location and area of the storage compartments garage spaces............"

Fortunately there are enough storage spaces for each unit.
It looks like my work is cut out for me. I believe I will need to go through all the files to see when and if spaces have been reallocated.

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By CarolR11 on 06/08/2014 4:38 PM
I'm thinking I may have misunderstood you, Bonnie. Is the info that's missing from your new computer part of your CC&Rs? You wrote that this info is about parking spaces, but is it your actual recorded CC&Rs?

If so, they should be on file at your county recorder's office and so should the ever- mysterious amendment.

You also wrote: "Originally the garage parking spaces were assigned when the Master Deed was filed at the court house." This makes it seem that all spaces were, indeed, on the deed to most units. Your use of "assigned" causes me to think that the developer assigned spaces to units and those spaces are, then, deeded to the units. That's how it is here.

Now, when these units sold, the parking spaces should have been included with the unit and be on the new deed. That's not a "reassignment," it's just a sale of the unit and what goes with it as recorded on a deed.

So it's the word "reassigned" that's so unclear to me. Reassigned by whom? To whom?

The information missing from my new computer is not part of our Master Deed or bylaws which some Associations refer to as CC&Rs. It is work I did a few years ago when the parking space problem was mentioned.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
FYI
Our Association was established February 1981 and the amendment I quoted earlier was recorded April 1981. I have no clue as to what prompted having a vote to amend our documents and I don't think anyone else who lives here does either.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Thanks, Bonnie! I can't really think about this until tomorrow PDT. We'll see if anyone else can think about it.

At FIRST glance, it looks like the unit owner decides how or to whom the units' DEEDED space is given to another. The HOA nor any other entity had any voice so far as I can see.

More tomorrow.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Carol,
I didn't type the first part of the amendment. It reads

"We the undersigned, being the Owner and First Mortgagees of at least two-thirds (2/3) of the undivided interests in the Common Areas and Facilities of _________________________,_______________County NE, computed in accordance with the percentages as set forth in Exhibit B to the Master Deed and Declaration of ________________________Condominium Property regime, do hereby, pursuant to the Nebraska Condominium Property Act and the Master Deed and Declaration of _____________________Condominium Property Regime (hereinafter "Declaration") amend the Declaration by this writing as follows: "

Then the paragraphs that I typed earlier

It is just signed by two people who were officers of the Declarant. So it appears that not many units were sold when this amendment was filed, because it takes more than two people to have a 2/3 majority.
This site is helping me prepare in case we do have a lawsuit.

I had read this amendment more than once, but never actually studied it like I have today to answer questions of people on this site.

GlenL (Ohio)
Posts: 5,491
Posted:
If the amendment was done by the Declarant's Board then there probably wasn't a homeowner vote as Declarants usually (check your state law) have unfettered ability to amend the declarations until turnover to homeowner control. Just a minor point but you might remind the homeowner that they voluntarily purchased, knowing or they should have known if they had done their due diligence of the amendment and the availability or lack thereof of covered parking spots.

Studies show that 5 out of 4 people have problems with fractions
PitA1
Posts: 222
Posted:
TimB;



as I referenced: "The simplest explanation for some phenomenon is more likely to be accurate than more complicated explanations."

PitA1
Posts: 222
Posted:

"All easements and other appurtenances benefiting an Apartment shall be inseparable from that Apartment and shall benefit and run in favor of its Owner and Occupants and their guests; provided, however, a Limited Common Area may be reallocated by a recorded assignment executed by the Apartment Owners between or among whose Apartments the reallocation is made, or by a recorded amendment to the Declaration executed by those Apartment owners.[


The parking spots may be 'traded' or 'sold' or 'rented' by the APARTMENT OWNERS to which they were (originally) assigned.

What a freakin' mess.

Good luck with the paperwork / deeds / filed 'amendments'.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I think that PitA is correct though neither he nor I are attorneys. All original owners probably were provided with a deeded space when they purchased from the developer. The last 12 apts. sold--I'm guessing-- did not get a garage space OR some early buyers did not want a garage space and may have gotten the apt. at a reduced price.

Apt. owners can sell or rent their deeded spaces. They are supposed to notify the HOA if they sell the space. Those are HOA records that may be missing.

But it seems to me that you can inform owners with a pleasant friendly letter that your board is conducting "an inventory" of parking spaces to make sure all are owned and which apt. owns them. Ask for a copy of their deeds even if they think they do not own a garage space. I believe that most owners will cooperate. You can cross check the garage space #s with your Exhibit B. You can look up the rest at the courthouse. If you still have a PM, let them do some of the legwork, Bonnie.

Now if someone SAYS they bought or have a garage space, but it's not on their deed, it's on them to show evidence that they own it. Might require them to go back to whoever they bought the space from and get a quitclaim deed to record at the courthouse, which is pretty easy and cheap.

But, Glen's right. What grounds ors the woman have to sue you (maybe). Your documents are clear. If she didn't read them before buying that's her problem. If the realtor or seller lied to her about a garage space. this woman needs to go after them

Note: Our CC&R clause about deeded spaces is similar to yours but worded differently. I've heard that all original owners automatically got one space and purchased a second if they wanted one. Ours, like yours are "exclusive use common area " (same as your "limited use common area"). We have about 20 motorcycle spaces that original owners had the option to purchase from the developer, but hardly any did, so our HOA owns them and "assigns" them via a document spelling out responsibilities of "tenant" and HOA.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By PitA1 on 06/09/2014 8:15 AM

"All easements and other appurtenances benefiting an Apartment shall be inseparable from that Apartment and shall benefit and run in favor of its Owner and Occupants and their guests; provided, however, a Limited Common Area may be reallocated by a recorded assignment executed by the Apartment Owners between or among whose Apartments the reallocation is made, or by a recorded amendment to the Declaration executed by those Apartment owners.[


The parking spots may be 'traded' or 'sold' or 'rented' by the APARTMENT OWNERS to which they were (originally) assigned.

What a freakin' mess.

Good luck with the paperwork / deeds / filed 'amendments'.

For once Pita, I agree 100% with you. It is a freaking mess.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By CarolR11 on 06/09/2014 10:20 AM
I think that PitA is correct though neither he nor I are attorneys. All original owners probably were provided with a deeded space when they purchased from the developer. The last 12 apts. sold--I'm guessing-- did not get a garage space OR some early buyers did not want a garage space and may have gotten the apt. at a reduced price.

Apt. owners can sell or rent their deeded spaces. They are supposed to notify the HOA if they sell the space. Those are HOA records that may be missing.

But it seems to me that you can inform owners with a pleasant friendly letter that your board is conducting "an inventory" of parking spaces to make sure all are owned and which apt. owns them. Ask for a copy of their deeds even if they think they do not own a garage space. I believe that most owners will cooperate. You can cross check the garage space #s with your Exhibit B. You can look up the rest at the courthouse. If you still have a PM, let them do some of the legwork, Bonnie.

Now if someone SAYS they bought or have a garage space, but it's not on their deed, it's on them to show evidence that they own it. Might require them to go back to whoever they bought the space from and get a quitclaim deed to record at the courthouse, which is pretty easy and cheap.

But, Glen's right. What grounds ors the woman have to sue you (maybe). Your documents are clear. If she didn't read them before buying that's her problem. If the realtor or seller lied to her about a garage space. this woman needs to go after them

Note: Our CC&R clause about deeded spaces is similar to yours but worded differently. I've heard that all original owners automatically got one space and purchased a second if they wanted one. Ours, like yours are "exclusive use common area " (same as your "limited use common area"). We have about 20 motorcycle spaces that original owners had the option to purchase from the developer, but hardly any did, so our HOA owns them and "assigns" them via a document spelling out responsibilities of "tenant" and HOA.

Thank you for the suggestion of having the PM do some of the leg work for us. Right now I am at the library because I was hoping to get a copy of the excel files I created when I first began to work on this some time ago. The computer at the library won't bring up the excel files from my old computer either. Windows 7 and 8 appears not to be compatable with excel files from older computers. I will need to recreated the garage space information from scratch. I had what spaces were originally assigned to what units and the units the spaces are currently assigned to. There were very few spaces that kept the original assignment. I heard that owners just sold the garage spaces without any documentation of the sale. Tomorrow after I get off work, I need to start recreating some documents. Fun and games.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Since Exhibit B of your CC&Rs seems to say which space originally went with which unit, that should be recorded in the County Records.

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By CarolR11 on 06/09/2014 6:33 PM
Since Exhibit B of your CC&Rs seems to say which space originally went with which unit, that should be recorded in the County Records.


I agree that should be recorded in the County Records. What may not be recorded in the County Records is the any handshake only sales agreement.
PitA1
Posts: 222
Posted:
a 'handshake' agreement would be outside the 'four corners' of the written covenant and therefor NON EXISTANT

if not recorded as per the RECORDED covenant is would be TOUGH LUCK as only a RECORDED transaction would be binding

I could sell you the Brooklyn Bridge with a handshake
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PitA1 on 06/10/2014 7:12 AM

I could sell you the Brooklyn Bridge with a handshake

THAT WAS YOU??? I want my money back !!!
PitA1
Posts: 222
Posted:
CarolR11 (Colorado)
Posts: 2,563
Posted:
Let's hope, Bonnie, that Handshake agreements are few. And as i wrote earlier, those folks may have to try to track down the owner on the deed who "sold" them or "gave" them the garage space and ask for a quitclaim deed.

But in the normal process of selling their apts., the garage space would pass to the new owners just like the storage space.

It really might not be as bad as you think!

But . . . why is the woman threatening to sue? On what grounds?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
I don't know how many "handshake" agreements there were, but some of the owners who sold this way are probably dead now.

At this point I don't know on what grounds she intends to sue. I heard from a lawyer who owns an unit and lives in the unit that this lady has hired an attorney and intends to sue over the parking space.

Her unit originally had a garage space, but does not currently have a garage space. She was the one who mentioned this a few years ago and threatened to have the vehicle towed that was in the parking space that originally went with your unit.

I have got to start from square on with this garage space problem as the library's computer couldn't read the excel files that are on my flash drive.

I want to be ahead of the game and get as much information as possible before we get notice of a lawsuit and if for some reason we don't get notice of a law suit, I don't fell my time will have been wasted because in my opinion we need to do something about this garage space mess anyway.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I think you can see the land's deed at the county recorder's office and it will show whether she owns the garages space too.

I agree it won't be wasted time to learn more, Bonnie. Just make sure you get some help from your PM and other directors. It will be good to have correct files about who owns which garage spaces.

As mentioned, we too have personal storage lockers that are deeded one to each unit. They're in the underground garage levels and usually are about 7' tall, 4' wide and 8' deep. There're enclosed with 1x4s. the HOA is responsible for the wood enclosures and we owners are responsible for our combo locks and may not store explosives, etc. A few years ago, an owner who has a terribly small space volunteered to do an inventory. This benefitted us as some were misnumbered and now the entrances to the areas where these lockers are show the sequence of locker numbers within them, etc. This all had never been done. Anyway, the man actually was hoping he could find a "spare" locker to buy or trade his for. No dice, all were deeded to specific units.

So, I still think that letters going to owners for copies of their deeds to conduct an inventory of garage spaces could get you a lot results with little trouble.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
If you have 31 parking spaces deed to unit owners and then things changed. You would need 31 deeds from the owners giving the HOA the parking spots. If you dont have this, no HOA amendments matter.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Based on what Bonnie has cited, Steve, it does not appear that the HOA owns any of the garage spaces.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Well if the HOA doesn't own the spaces, it cannot dictate who parks in them.
PitA1
Posts: 222
Posted:
in NY State there is a differentiation between

Condominium (privately owned unit) versus Co-operative (stock giving right to reside in xx sq. ft.)

this seems to be absent in other jurisdictions

an 'exclusive use' common element would be part of a (NY) co-op

sounds like the parking was set up in a similar fashion as a 'deeded' exclusive use common element

the exclusive use of a parking spot which is owned in group by the HOA was granted by a 'recording in the covenants'

probably not the proper legal terminology

very very slippery legal ground

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