More details to this question:
I purchased a condominium last year in April and my agent and sellers told me that it comes with 2 side by side parking spaces but, the deed of trust does not show the parking spaces. I have been parking in those spaces since I bought the property. The HOA has recently send me a letter through their attorney for meeting and are going to reassign two tandem spaces to me. Can they do this? Please advise
1 ANSWER
Regarding parking, there are two principal regimes. In one, the spaces are assigned on the county real estate records, either in the recorded condominium plan or in the first deed of each individual condominium unit. In the other, it is left to the Board of Directors to assign the parking spaces.
In order to answer your question, you (or I) will need to review:
the recorded condominium plan and any subsequent amendments to it,
the first deed of your unit from the original developer to the first owner,
the CC&Rs, and any subsequent amendment to that document, and
your title insurance policy.
If the first deed of your unit frm the original developer to that first owner, included specific parking spaces, the fact that subsequent deeds do not mention the parking spaces and subsequent actions by the HOA do not change the fact that those specified parking spaces are attached to that unit. In real estate law, we say that the parking spaces are "appurenant" to the unit.
If the HOA controls the assignment of parking spaces, then you are out of luck. The law and courts allow the HOA Board of Directors very broad discretion in making such decisions. It will be overruled only in cases of abuse of discretion, which is a very tough standard to satisfy. Google "Business Judgment Doctrine" to learn about that discretion of Boards of Directors.
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Dana Sack
Answered on Sep 23rd, 2015 at 6:44 PM