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.
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.