Reserved parking/Common Elements

[allwrappedup]

What is the name of your state? NY
In our Decleration to our Condominium it states that our parking is part of our common elements. includng 20 carports that are listed as limited common elements.(they pay .0005% extra in commom crg for the carports use)
It lists that any portion of the commomn area notrestricted in use may be used by all homeowners.

The decl. also states that common elements shall remain undivided except as to carports and no homeowner shall bring any action for partition or division unless provided by law.
The percentage of the undivided interest shall not be changed except for the consent of all homeowners affected and ammended to the Declaration.

Our Board of the condo has painted and given reserved spaces to us after 20 yrs. The carport owners recieved an extra reserved space. (2 rsvd spaces for them)

We have 80 units in our Condos. In the builders plans it calls for 130 spaces -50 to remain free-80 for one space for each unit.

In the Decl it does list the parking spaces under the carports as part of the common elements.
We think our Board should have called for a vote on this and our declaration would need to be ammended. and the carport owners should not recieve another space. This wpuld give them 2X the common element. Would this be the right way to handle the procedure?
Thanks SH

 

[HomeGuru]

What is the name of your state? NY
In our Decleration to our Condominium it states that our parking is part of our common elements. includng 20 carports that are listed as limited common elements.(they pay .0005% extra in commom crg for the carports use)
It lists that any portion of the commomn area notrestricted in use may be used by all homeowners.

The decl. also states that common elements shall remain undivided except as to carports and no homeowner shall bring any action for partition or division unless provided by law.
The percentage of the undivided interest shall not be changed except for the consent of all homeowners affected and ammended to the Declaration.

Our Board of the condo has painted and given reserved spaces to us after 20 yrs. The carport owners recieved an extra reserved space. (2 rsvd spaces for them)

We have 80 units in our Condos. In the builders plans it calls for 130 spaces -50 to remain free-80 for one space for each unit.

In the Decl it does list the parking spaces under the carports as part of the common elements.
We think our Board should have called for a vote on this and our declaration would need to be ammended. and the carport owners should not recieve another space. This wpuld give them 2X the common element. Would this be the right way to handle the procedure?
Thanks SH

**A: possibly but an attorney needs to review the condo docs to be sure of the exact procedure.

 

[allwrappedup]

Reserved Parking

We had the Attorney for the Board answer a letter from us and in his opinion and response did not right to us, by the Declaration and By-Laws. He said that tthe board could number the spaces and have the right to establish and regulate the reserved parking parking (common elements) on a revocable liscense basis. What is this type of parking? He says an amenment to the Declaration is not needed to do this. Why does the Declaration specificaly list uses of common elements then?

He says the carports are designated as limited common elements which means the owner have exclusive rights to these.He says the board can not designate parking for these carports.
The board does not have to designate? The Declaration states that these are irrevocably restricted areas included as part of the common elements for a unit owner who purchases a carport. These spaces are to be numbered under each carport.
We have sought an independant attorney and he said we have interpreted the By-laws and Declaration accurately.
Where does this go ? How can two Attorneys vary so much in opinion??Does this go to court, arbitration, or mediation?
We as a group of homeowners will have to pay two times for the Attorney fees?
We are so confused at all of this on top of anger in our community!!
Any hints would be helpful!!!! I have been searching the internet but so much info is hard to read thru the lines of opinions...When does actual law come into play? Article 9B of the Real Property Law helps some but,we have to have an Attorney fiqure this out.
We as homeowners feel cheated by the lack og Communication and the Bioard wanting to hear our real concerns. Sorry this is so long. SH

 

[HomeGuru]

Re: Reserved Parking

We had the Attorney for the Board answer a letter from us and in his opinion and response did not right to us, by the Declaration and By-Laws. He said that tthe board could number the spaces and have the right to establish and regulate the reserved parking parking (common elements) on a revocable liscense basis. What is this type of parking? He says an amenment to the Declaration is not needed to do this. Why does the Declaration specificaly list uses of common elements then?

He says the carports are designated as limited common elements which means the owner have exclusive rights to these.He says the board can not designate parking for these carports.
The board does not have to designate? The Declaration states that these are irrevocably restricted areas included as part of the common elements for a unit owner who purchases a carport. These spaces are to be numbered under each carport.
We have sought an independant attorney and he said we have interpreted the By-laws and Declaration accurately.
Where does this go ? How can two Attorneys vary so much in opinion??Does this go to court, arbitration, or mediation?
We as a group of homeowners will have to pay two times for the Attorney fees?
We are so confused at all of this on top of anger in our community!!
Any hints would be helpful!!!! I have been searching the internet but so much info is hard to read thru the lines of opinions...When does actual law come into play? Article 9B of the Real Property Law helps some but,we have to have an Attorney fiqure this out.
We as homeowners feel cheated by the lack og Communication and the Bioard wanting to hear our real concerns. Sorry this is so long. SH

**A: yes, 2 attorneys may have differing interpretations.

 

[allwrappedup]

Attorneys Opinions?

NY
So where does this go from here and when do the courts decide or how do they work this out? The By-Laws are written for a reason or why are they Legal Documents? There has to be something Legal here? Not just interpretations?
SH

 

[HomeGuru]

Re: Attorneys Opinions?

NY
So where does this go from here and when do the courts decide or how do they work this out? The By-Laws are written for a reason or why are they Legal Documents? There has to be something Legal here? Not just interpretations?
SH

**A: you are correct and in lititgation each side gets a chance to prove their side.

 

[allwrappedup]

Common Elements

Ny
Aren't the By-Laws written by certain laws? Why are they so unclear to laymen who may not be able to read between the lines? Do the attorneys try and reach an agreement outside of the courts first thru mediation or arbitation? When does the question get settled on what our By-Laws and Declaration really mean by LAW?? And then how do we watch and keep our Board on the right Legal track? We should not have 5 Board members controlling 80 Homes. And forcing us to hire an Attorney on bothe sides. We have tried running for the Board but the elections are not performed properly either.
SH

 

[HomeGuru]

Your questions are going outside of the scope of this website. You need to hire your own personal attorney.

 

[allwrappedup]

Common Elements

Thank You we have but the process is so upsetting.
Thanks for responses.SH

 

[HomeGuru]

Re: Common Elements

Thank You we have but the process is so upsetting.
Thanks for responses.SH

**A: yes, I know. Many times one must deal with a Gestapo HOA.