QUESTION

Is this implied easement

Asked on Jan 16th, 2016 on Real Estate - California
More details to this question:
I have been paying for a parking space at my townhouse for over 15 years. Now another owner wants my space. Isn't it implied easement since I have paid for the parking space for so long?
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2 ANSWERS

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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No, you have been parking in that space with the HOA's knowledge and permission. Your payment for use of the parking space shows that your use was not adverse to the ownership by the HOA. Check the legal description attached to the deed of your unit to you, your HOA's CC&Rs, and any rules the HOA has enacted regarding the assignment of parking spaces. Some deeds include the right to a specific parking space as shown on the recorded condominium or PUD plan. Some make them the property of the HOA and let the HOA Board decide who gets which spot. In that case, it's completely up to the HOA Board (not the property managment company). Some HOA Boards enact rules that let a unit owner keep the same spot until they request another or fail to pay their assessments or parking fees. Talk to some of your HOA Board members about the problem and ask them to solve it. If they won't, then your CC&Rs and the annual report you receive from the HOA should describe an Internal Dispute Resolution procedure. Use it. If your CC&Rs don't include one, then the IDR procedure in the Davis-Stirling Act applies. If that doesn't work, then you an ask for mediation. The HOA Board is required to participate in mediation. If you appreciate this free advice, please remember to refer me to your family and friends who have questions or need help. Referrals are still our best source of new clients. Dana Sack  
Answered on Jan 17th, 2016 at 10:10 AM

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Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
Update Your Profile
No, you have been parking in that space with the HOA's knowledge and permission. Your payment for use of the parking space shows that your use was not adverse to the ownership by the HOA. Check the legal description attached to the deed of your unit to you, your HOA's CC&Rs, and any rules the HOA has enacted regarding the assignment of parking spaces. Some deeds include the right to a specific parking space as shown on the recorded condominium or PUD plan. Some make them the property of the HOA and let the HOA Board decide who gets which spot. In that case, it's completely up to the HOA Board (not the property managment company). Some HOA Boards enact rules that let a unit owner keep the same spot until they request another or fail to pay their assessments or parking fees. Talk to some of your HOA Board members about the problem and ask them to solve it. If they won't, then your CC&Rs and the annual report you receive from the HOA should describe an Internal Dispute Resolution procedure. Use it. If your CC&Rs don't include one, then the IDR procedure in the Davis-Stirling Act applies. If that doesn't work, then you an ask for mediation. The HOA Board is required to participate in mediation. If you appreciate this free advice, please remember to refer me to your family and friends who have questions or need help. Referrals are still our best source of new clients. Dana Sack          
Answered on Jan 17th, 2016 at 10:06 AM

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