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Subject: Assigned Parking Spots in Garage
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10/15/2019 5:29 PM  
This is Illinois in a building of 120 units with 90 assigned parking spaces. The spaces are Limited Common Elements. As per the Declarations and By-Laws the spaces cannot be sold from one unit owner to another. The owners do not own the spots but they can sell "right to use" a space but they are suppose to get Board of Directors approval. When a person or entity sells a unit, all rights for parking privileges for that person in the garage classes.

We have several problems. First the Management company has not maintained records correctly over the years. Owners can fill out a form to let the management company know what location their parking space is. I'm very new on the Board and we recently have 2 new unit owners that are claiming their spaces but are being occupied by someone else.

We believe that the spaces were sold by the seller before closing to new unit owner. Now the new buyer comes in and wants the spot. In another case, a couple had a unit without a space. The mother of the wife owned a unit with a space. The mother was put in a nursing home and her unit was sold. We believe the couple just took over the space from the unit her mother owned. Not sure how the unit was listed with or without a space. We are in the process of sending emails out to try and get documentation from both the new buyers and the seller in the one scenario because they still live in the building.

In looking into these two spaces I have found out that over the years (45 years) unit owners have sold spaces, have trades spaces or kept spaces when they owned more than one unit. The Management company has not been much help because I have already found many errors in the list they provided me.

The Board was keeping an inventory list also but many times owners or sellers were going directly to the Management Company and not to the Board so these two lists do not match either.

Has anyone out there had the same situation in their building Where do I start try and correct the situation??? Does anyone have and ideas?


10/15/2019 6:09 PM  
I am assuming the right to sell the use of the space terminates when the unit is sold, yes?

Are the parking spaces deeded to each individual unit?

What do your governing documents say about this selling parking spaces practice?

What do other unit owners have to say? Do they want to keep selling the right to use or do they want their parking back?
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Forums > Homeowner Association > HOA Discussions > Assigned Parking Spots in Garage

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