our neighbors (Care Center) own a parking spot

Started by BonnieG1 • 7 replies • 1613 views

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BonnieG1 (Nebraska)
Posts: 1,186

Posted:

The Care Center that is adjacent to us owns one of our parking stalls. The stall is not large enough for a car to be parked in it, but our trash cans, and carts to wheel groceries etc. to our unit are place there.
The same company that built the Care Center also built our building and apparently retained that one parking spot.
A previous President mentioned the a parking spot need to be an appurtenance to a unit.

As long as I have lived in my unit, the Care Center did not now that they owned the unit until one day and PM and I were talking to the officials of the Care Center regarding parking in the parking lot and our PM mentioned that they owned the unit. I did tell him I wish he had not done this as it should be the Care Center's responsibility to know what they owned. I wanted to study more about how a parking lot can stand alone and not be an appurtenance to a unit.

Now the Care Center has requested we remove all items from the spot so that they can use all of it. This will be a problem for us. I am about ready to tell the Care Center that their employees cannot park on our property, but I don't want to escalate anything. I am going to talk to our PM about this today after our "coffee hour".

But if anyone has any suggestions or has dealt with a problem like this before, I certainly would be open to hearing about it.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Bonnie,

To be honest, your residents should not have been using the space. It belongs to someone else.

Typically laws prevent you from prohibiting ingress and egress from someone elses property that requires crossing your property to get to.

The Association could offer to purchase or lease the space.

Depending on the length of time and if the Association has done any repairs, they could enter into a legal battle to claim the space by adverse possession.

The Association could also just simply respect the other entities property.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By TimB4 on 08/08/2014 6:59 AM
Bonnie,

To be honest, your residents should not have been using the space. It belongs to someone else.

Typically laws prevent you from prohibiting ingress and egress from someone elses property that requires crossing your property to get to.

The Association could offer to purchase or lease the space.

Depending on the length of time and if the Association has done any repairs, they could enter into a legal battle to claim the space by adverse possession.

The Association could also just simply respect the other entities property.

I had thought about offering to buy the space.

I talked to our PM who said that usually the declarant hands over the control to a Condo Association and the parking spot should have been included in that transfer. In our case I don't see what control was ever officially handed over to the Association.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Is that parking space explicitly exempted from assessments? The care center may owe you several decades of fees.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By LarryB13 on 08/08/2014 9:59 AM
Is that parking space explicitly exempted from assessments? The care center may owe you several decades of fees.

I hadn't thought about that. But each unit has a certain percentage and all the percentages total 100%. I don't know how we could access this parking space without re figuring all the percentages. But this is something definitely to think about.

The Board has just scratched the surface when it comes to updating our documents, but maybe we could refigure percentages when and (if) our documents are updated.

Thanks for the thought.

KerryL1 (California)
Posts: 14,550

Posted:

Bonnie, you wrote: "Now the Care Center has requested we remove all items from the spot so that they can use all of it. This will be a problem for us. I am about ready to tell the Care Center that their employees cannot park on our property, but I don't want to escalate anything."

How many parking spaces does the Care Center typically use each day that are deeded to your HOA? Perhaps you can trade your HOA's use of their deeded area with permission for them to park in xx # of spaces. Or some similar deal?

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By KerryL1 on 08/08/2014 11:14 AM
Bonnie, you wrote: "Now the Care Center has requested we remove all items from the spot so that they can use all of it. This will be a problem for us. I am about ready to tell the Care Center that their employees cannot park on our property, but I don't want to escalate anything."

How many parking spaces does the Care Center typically use each day that are deeded to your HOA? Perhaps you can trade your HOA's use of their deeded area with permission for them to park in xx # of spaces. Or some similar deal?

There are at least 13 parking places out side, but that is the number of units that do not have a parking space in the garage. But what you mentioned is something for us to think about.

KerryL1 (California)
Posts: 14,550

Posted:

Also, because it would change the % of ownership of every owner in your HOA if it purchased that space, if they want to give it up and your HOA wants it, I think a 100 year lease from them might be easiest. But I'm not at all sure about that.

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