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.