Undivided Interest - 33.3%

[miguel3239]

What is the name of your state? New Hampshire

Background: Our condo association consists of 3 units. We have 5 parking spaces. Each owner has two vehicles. In the advertisement and in our purchase and sell agreement, our unit was represented as having 2 parking spaces. After speaking with one of the unit owners (since the other one we could never get at home), they stated to us that our unit had two assigned parking spaces and that the other unit owner only had one.

Situation: I just purchased a new vehicle. We tried to speak with the other owners (in fact according to the other two unit owners, that was the first association meeting ever in the past 4 years of the condominiums being in existence) and they stated that they had two parking spaces as well. I have received a copy of the Deeds, Condominium Laws and By-Laws. According to what I understand, all three of us have an undivided interest in the common areas which include parking spaces. Within the Condominium laws it states that we have a 33.3% interest.

Questions: We only have 5 parking spaces, what would be the best way to handle this situation as to who gets the parking spaces? Should it be first come first served as far as a second parking space is concerned (obviously we are all entitled to at least one spot)?

Personally, I don't think it was right that the previous owners of my unit and their real estate agent represented this property as having two spaces. I included this information in my decision for buying my condo and in the price that I offered. I also knew that I would be buying a second vehicle at the time of the purchase. But then again, I did try to do my investigating when I saw only 5 spaces and was told by one of the unit owners that we did indeed have two spaces. Of course, the other owner with whom I was never able to speak with before purchasing, is now saying that they get two spaces (although they hesitated while stating this) and now we are playing this game of "who can park in the free space first" since now I have two vehicles.

Thanks for your advice.

Michael

[nextwife]

Start by reviewing the condo association plat that was recorded. Sometimes the spaces are allocated to specific units right on the plat that creates the condominium legal description. My last two condos had their parking spots identified on the plat as part of that condo unit's Limited common area.

If there are no later amendments changing any assigned spots, then the units would be assigned as stated on the plat. Some condo developments units do not have any assigned spots at all on the plat

[Paddy Reagan]

According to what I understand, all three of us have an undivided interest in the common areas which include parking spaces. Within the Condominium laws it states that we have a 33.3% interest.

Quite often, condo developers, particularly those who work with small projects, don't bother to make these distinctions in the governing documents. Why? Usually because they wish to minimize development and legal costs. Their attorneys use boiler plate copy for the docs and subtleties such as assignment of limited common elements are left undone.

Questions: We only have 5 parking spaces, what would be the best way to handle this situation as to who gets the parking spaces? Should it be first come first served as far as a second parking space is concerned (obviously we are all entitled to at least one spot)?

Assuming that the parking spaces aren't deeded, assigned, or designated as limited common elements, the three owners are faced with negotiating an equitable way to divide the five spaces. I have several clients in similar situations. Here are some of the methods they use:

a. Assignment by seniority. Whoever buys first gets first choice of the parking spaces. This is a better solution for new communities but it can also work for you. Use the existing dates of deeds. To make this system more palatable for those who moved in late, parking rights are shuffled when a unit is sold, IE, the last person to move in has the single space until the next sale.

b. Use a lottery system. All agree to abide by the luck of the draw.

c. Parking rights based on requirements. In many communities there are owners with a single vehicle or none at all. If this is true in your small building, work out the details.

d. Pay to park. If all other attempts fail, two owners offer the third a nominal monthly fee to give up his/her parking rights to one space. The fee, of course, would be paid personally, not from condo operating funds.

Two other points: If the system you choose works well, consider an amendment to your Declaration of Condominium making it permanent. Doing so will eliminate downstream arguments over this same issue.

Finally, be sure any owner who wishes to sell in the future provides adequate disclosure of parking rights and responsibilities. it appears that your developer was not so forthcoming with these details.