Are Your HOA Rules Causing Parking Problems? Part I
Many association leaders know all too well that conflicts over parking spaces can elicit strong emotional responses. These emotions often result in angry phone or email messages and sometimes result in worse, such as physical altercations to persons or property.
With HOA Resources' help, Condominium Associates answers residents' frequently asked questions about parking problems in your HOA.
How can a small piece of property cause so much angst?
Parking assignment is one of the most common reasons why tenants become resentful. Typically, the original developer assigns one or more parking spaces per unit. The remaining unassigned spaces are common elements and controlled by the association board. This standard policy can lead to issues if not resolved. Read on to learn more.
Can a unit owner sell his or her parking space?
A person who has legal title to property can sell that property, but an association's assigned parking space is a limited common element. It is part of the standard features reserved for the exclusive use of a particular unit. Even if the owner paid the developer for a prime or covered parking space, they purchased a right to use the area, not an ownership interest. Under the law, each association member has an undivided ownership interest in the common elements.
By logic and law, you can't sell what you don't own. Nevertheless, some owners may try to rent their spaces while they are away for the summer. Others try to sell a prime parking space to another unit owner; still, others have been attempting to transfer their unit's assigned area for cash right before bailing on a foreclosed unit. Ultimately, an owner cannot sell a parking space, and any attempt to do so voids the transfer.
Can associations sell unassigned spaces?
The same logic would apply to the association. The spaces are common elements, and the association has no ownership interest. Therefore, an absent express language in the declaration or master lease authorizing the association to charge a fee for the right to a parking space. Consequently, one cannot sell a right to use parking space.
What about exchanging parking spaces?
Before board sanctions or tries to enforce a rule against a parking space exchange, it needs answers to some basic questions:
Do the governing documents contain a procedure for exchanges?
Is the association obligated to keep a record of who has which space?
Does the board have to approve the exchange?
Is there any law affecting or limiting the exchange of parking spaces?
Do the documents or the law allow money to change hands?
Does the association have the right to charge a fee for processing the exchange?
Depending on the board's authority, regulations in the documents, and limitations in the law, parking space sales and exchanges can result in liability for an unwary council or association.
Contact Us!
Stay tuned for next week's post, where we will discuss more HOA parking issues. In the meantime, if you have any questions or concerns, please contact us!
