Governing Documents Determine How Parking Spaces Are Defined
Question: The association in my condominium is
trying to reassign all the parking spaces, which were originally assigned by the developer in 1969. I have a two bedroom unit and ever
since I moved 15 years ago, I've had two parking spaces, just like
almost every other two bedroom units. Recently, a member of the board
changed how parking spaces are assigned. The new plan allows two bedroom
units only one parking space. The board of directors say that they can
do this by vote. Is this legal? What is the proper way to do it? Thank
you, Enrique D.
Answer: Parking spaces are
ordinarily subject to reassignment by the Board of Directors when they
are common elements. Parking spaces which are appurtenances to the units
are not typically subject to reassignment. The answer to your question
lies in a review of your governing documents to see how these parking
spaces are defined.