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how to protest condo assn decisions?

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cincyboy78

Guest
What is the name of your state? Ohio

I bought my condo last year in the state of Ohio. The condos are in 4 unit buildings, each building has two garages, and each garage has room for two cars. Two owners per building share a garage. The garages are common grounds and are not owned by any individual. In most buildings the first floor unit is on the right and the second floor unit is on the left. When I bought mine (first floor), my garage was reversed. The second floor owner was on the right and I was given the left. The other owner told me that they had switched sides a few years back, it didn't bother me so I moved all of my things into the left side and hung shelving on that side.
A month later, the second floor owner sold to a new owner. The new owner notices that most garages are assigned in opposite order and asks me to switch sides with her. I refused. She complains to the HOA and they tell me that "for insurance reasons they want all garage assignments to be uniform” and that I have to switch sides with her.
I do not want to switch sides and I have a few good reasons why I shouldn't. Does the condo assn have legal authority to move my property to the other side of the garage? Can they do anything if I continue to park on the left side? Is there any process that I can go through to protest?
 


HomeGuru

Senior Member
cincyboy78 said:
What is the name of your state? Ohio

I bought my condo last year in the state of Ohio. The condos are in 4 unit buildings, each building has two garages, and each garage has room for two cars. Two owners per building share a garage. The garages are common grounds and are not owned by any individual. In most buildings the first floor unit is on the right and the second floor unit is on the left. When I bought mine (first floor), my garage was reversed. The second floor owner was on the right and I was given the left. The other owner told me that they had switched sides a few years back, it didn't bother me so I moved all of my things into the left side and hung shelving on that side.
A month later, the second floor owner sold to a new owner. The new owner notices that most garages are assigned in opposite order and asks me to switch sides with her. I refused. She complains to the HOA and they tell me that "for insurance reasons they want all garage assignments to be uniform” and that I have to switch sides with her.
I do not want to switch sides and I have a few good reasons why I shouldn't. Does the condo assn have legal authority to move my property to the other side of the garage? Can they do anything if I continue to park on the left side? Is there any process that I can go through to protest?

**A: read your condo docs, and you will see that you have no rights to use someone else's garage.
 
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cincyboy

Guest
Update

After going down to the county recorders office, I found the part of my CC&Rs that explain which garage is assigned to each unit. It does show that I have been on the wrong side of the garage. Apparently the realtor gave me an incomplete set of documents that only contained the main parts of the CC&R and not the exhibits that detail the layout. The realtor said that I signed something at closing stating that I read and agreed to all the condo docs (even though what I read and agreed to was incomplete).
My questions now are:
Since the seller misrepresented the property, is there any action I can take against him?
Since the realtor gave me an incomplete set of condo docs, is there any action I can take against him?
Is this form I signed about agreeing to the docs valid since what i was given was incomplete?
It appears to me that this is an issue between the other unit owner, the seller, and me. Does the HOA have any right to bring their attorney into the dispute?
Even though the garages were originally designated in the reverse order, since the seller owned both units and decided to switch them and sell them this way, does this change anything?
I told the HOA that I wouldn’t do anything until they sent me something in writing. They decided to have their attorney send me a letter instead of writing it their selves and the attorney says that I have to pay his fee for writing the letter. Is this true?
 

HomeGuru

Senior Member
cincyboy said:
After going down to the county recorders office, I found the part of my CC&Rs that explain which garage is assigned to each unit. It does show that I have been on the wrong side of the garage. Apparently the realtor gave me an incomplete set of documents that only contained the main parts of the CC&R and not the exhibits that detail the layout. The realtor said that I signed something at closing stating that I read and agreed to all the condo docs (even though what I read and agreed to was incomplete).
My questions now are:
Since the seller misrepresented the property, is there any action I can take against him?

**A: how did the Seller misrepresent the property? It was your duty to read the condo docs to make sure which parking stall was legally the stall for the subject property. That is called doing your due diligence.
*********
Since the realtor gave me an incomplete set of condo docs, is there any action I can take against him?

**A: yes.

******
Is this form I signed about agreeing to the docs valid since what i was given was incomplete?

**A: yes.
************
It appears to me that this is an issue between the other unit owner, the seller, and me. Does the HOA have any right to bring their attorney into the dispute?


**A: yes, of course. And you can bring your attorney and the neighbor can bring his.
*********
Even though the garages were originally designated in the reverse order, since the seller owned both units and decided to switch them and sell them this way, does this change anything?
**A: no. The previous use has no legal precedence since the condo docs rule.
*****
I told the HOA that I wouldn’t do anything until they sent me something in writing. They decided to have their attorney send me a letter instead of writing it their selves and the attorney says that I have to pay his fee for writing the letter. Is this true?
**A: yes it is if they said it.
 

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