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Limited Common Element

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SFrank

Junior Member
What is the name of your state?What is the name of your state?NY
Does the offering plan matter (or only the Declaration) in relation to how parking was set up origionally in a condominium?
The offering plan lists 130 parking space 1-parking space per unit and 50 guest spaces. Up to 20 will be in Carport garages. The carport garages will be irrevocably restricted areas.
The board now wants to create reserved parking and wants to give carport owners two reserved spaces.
In a condo we do not own land and theses carports are limited common element and they are given a higher allocation og common charges when purchased. many carport owners feel they own the land below and paid for the carport and should receive an extra space if the parking is going to be now become reserved.

Declaration descriprion of common element reads:
The common elements of the community will consist of all the community, except the homes, including but withouut limitation, outside walls, balconies, terraces and roofs of the homes, the land and improvemants (other than the homes) compromising the Community (including the land under the homes and under the improvements, all utility lines or other pipes, condiuts, and material located outside the homes, outside and carport parking areas for automobiles, grass and landscaped areas and sidewalks, storage and utility
areas.

Our attorney for our board says this could be done by a revocable license agreement set up as a regulation. The county said it should be filed correctly and if it goes against our Decleration we would need to ammend the Dec. by and 80% vote.

Any info or direction would help.
Another Attorney has said the reserved parking cannot be done in this manner or at all because they are attempting to make common area limited common area.
 


HomeGuru

Senior Member
SFrank said:
What is the name of your state?What is the name of your state?NY
Does the offering plan matter (or only the Declaration) in relation to how parking was set up origionally in a condominium?
The offering plan lists 130 parking space 1-parking space per unit and 50 guest spaces. Up to 20 will be in Carport garages. The carport garages will be irrevocably restricted areas.
The board now wants to create reserved parking and wants to give carport owners two reserved spaces.
In a condo we do not own land and theses carports are limited common element and they are given a higher allocation og common charges when purchased. many carport owners feel they own the land below and paid for the carport and should receive an extra space if the parking is going to be now become reserved.

Declaration descriprion of common element reads:
The common elements of the community will consist of all the community, except the homes, including but withouut limitation, outside walls, balconies, terraces and roofs of the homes, the land and improvemants (other than the homes) compromising the Community (including the land under the homes and under the improvements, all utility lines or other pipes, condiuts, and material located outside the homes, outside and carport parking areas for automobiles, grass and landscaped areas and sidewalks, storage and utility
areas.

Our attorney for our board says this could be done by a revocable license agreement set up as a regulation. The county said it should be filed correctly and if it goes against our Decleration we would need to ammend the Dec. by and 80% vote.

Any info or direction would help.
Another Attorney has said the reserved parking cannot be done in this manner or at all because they are attempting to make common area limited common area.
**A: the recorded CC&R's prevail over any sales material, offering plan etc.
 

SFrank

Junior Member
CC&R

NY State
Would you revert back to the offering plan if the Declaration does not state that the carport owners are only to recieve one space for parking if the declaration says all areas not numbered are to remain available for all to use? If we now could number the spaces would a carport owner be given two? We all own the land together. The parking space under the carport is listed as common area restricted in use to the unit purchasing the carport as part of their portion of the common element. The land is all common just some areas are restricted in use such as patios etc.The carport is a limited common element, what about the parking space below? The pay extra common charges for the extra because they aquired extra sq. footage. This is for maintance.
Any help or suggestions on how to look at this. Or should we consult a third Attorney?
Any info on how to create a revocable license agreement?
The County say it would have to be filed and all the land owners would have to sign to change the way it is used.
The one Attorney says it could be verbal and we as a board could create reserved parking as a regulation and just send out the notice?
Thanks for any help.
PS-another attorney says it cannot be done at all. HELP
 

HomeGuru

Senior Member
SFrank said:
NY State
Would you revert back to the offering plan if the Declaration does not state that the carport owners are only to recieve one space for parking if the declaration says all areas not numbered are to remain available for all to use? If we now could number the spaces would a carport owner be given two? We all own the land together. The parking space under the carport is listed as common area restricted in use to the unit purchasing the carport as part of their portion of the common element. The land is all common just some areas are restricted in use such as patios etc.The carport is a limited common element, what about the parking space below? The pay extra common charges for the extra because they aquired extra sq. footage. This is for maintance.
Any help or suggestions on how to look at this. Or should we consult a third Attorney?
Any info on how to create a revocable license agreement?
The County say it would have to be filed and all the land owners would have to sign to change the way it is used.
The one Attorney says it could be verbal and we as a board could create reserved parking as a regulation and just send out the notice?
Thanks for any help.
PS-another attorney says it cannot be done at all. HELP

**A: hire an attorney and get the opinion in writing.
 

SFrank

Junior Member
NY-Both attorney's are specialized in HOA.
Do we seek the advice of a third attorney?
How is a revocable license agreement created and can it be verbal if passed by the board?
The county dept. for filing documents said they would not suggest doing anything unless it was in writing.
However in Condo's we only own the inside of our units( pay common charges by sq. ft). Limited Common Elements are for our use ( as balconys and patios) and if the carport owners were given a higher percentage as part of their undivided interest, why would they be allocated another share? (of property?-Common charges are for maintanance of the carports because the carport owners recieve exclusive use of them)
In condo ownership don't we all own the land underneath equally?
(I would not be given 2 patios outback.)
Therefore wouldn't each unit only receive one parking space either carport or parking space. (This is what the plan called for.)
When selling their units owners of two numbered spots would benefit more over one parking spot?
? Third attorney???
 

HomeGuru

Senior Member
SFrank said:
NY-Both attorney's are specialized in HOA.
Do we seek the advice of a third attorney?
How is a revocable license agreement created and can it be verbal if passed by the board?
The county dept. for filing documents said they would not suggest doing anything unless it was in writing.
However in Condo's we only own the inside of our units( pay common charges by sq. ft). Limited Common Elements are for our use ( as balconys and patios) and if the carport owners were given a higher percentage as part of their undivided interest, why would they be allocated another share? (of property?-Common charges are for maintanance of the carports because the carport owners recieve exclusive use of them)
In condo ownership don't we all own the land underneath equally?
(I would not be given 2 patios outback.)
Therefore wouldn't each unit only receive one parking space either carport or parking space. (This is what the plan called for.)
When selling their units owners of two numbered spots would benefit more over one parking spot?
? Third attorney???
**A: something does not seem right. If you really have a real estate attorney that specializes in HOA issues, why is it that you do not know the answers to your questions?
 

SFrank

Junior Member
Ny -Good Question-maybe we should just leave the issue alone and not give assigned spaces. It is probably best to leave parking unassigned as the way the common area was originally set up.
Thanks so much for your time answering on this forum.
 
Last edited:

HomeGuru

Senior Member
So Frank, what is the answer????????


**A: something does not seem right. If you really have a real estate attorney that specializes in HOA issues, why is it that you do not know the answers to your questions?
 

SFrank

Junior Member
Ny
I am not sure but the board has wasted so much time and money on this it is not worth instituting the reserved parking at this time and the community is split and fighting over it.
Best left alone for now.
 

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