Hi All,
There is an incredible controversy swirling on the CV Q & A; hard to believe, given the Published guidlines of that Forum suggesting that "Appropriate" subjects are "Plumbers" "Tile People" and "High School Reunions".
A certain fan of draconian control and regulation would deny us all the right to have visitors who own Motor Homes, RV's and who knows what else would be denied.
What concerns me is the following extract from the thread:
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Author: Fernando (---.hsd1.fl.comcast.net)Date: 03-27-08 19:48
Larry, you say that the associatons own the land and the parkings lots, i beleived that we rent the land, please correct me if I am wrong.Thanks you for your helpFernando
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Re: Proliferation of RV's/motor homes
Author: Larry Kall (---.hsd1.fl.comcast.net)Date: 03-27-08 20:10
I have been told that this is a popular misconception. However, I will defer to some of you other experts out there.
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This is a classical example of not reading your documents:
Your basic set of documents contain, among other things, a SURVEY of Association Property.
If you will please examine the survey you will find that Larry Kall is absolutely correct in this case;
The Association owns the Parking spaces as part of the Common Element.
Specifically; each Parking space is designated, initially by the Developer and thereafter by the Board of Administration as a Limited Common Element, for the exclusive use of the each Unit Owner.
While for his/her exclusive use, it is not deeded.
Hence, each Association must make rules for the type, and number of vehicles to be parked therein,
just be careful, as Palm Beach County PZB Code Enforcement is always alert for illegal parking area usage.
anyone who cannot locate their Survey, please publish the name of your association in the Comment Stream and I will give you the specific Book and Page, to be found at the Clerk of Court site.
Dave
Thursday, March 27, 2008
WHO OWNS ASSOCIATION PARKING AREAS
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14 comments:
Thank you again Dave. Some of the own vs. rent confusion is probably around the Recreation Lease nature of Century Village. Levy and Beneson Capital (i.e., WPRF) own the Club House, Fitness Centers and a few other areas, and we pay WPRF "rent" to use those areas. However, the 309 associations and condo owners "OWN" the other areas.
Thanks Dave,
I knew that I was right but I needed backup.
There has always been confusion over the long term recreation lease mentioned in our documents.
( I was always under the impression that the Spaniards who came to Florida owned the land underneath Florida)Oh well I learn something new each day.
I am curious if associations are allowed to move unit owner's parking spots if there is no handicap issue involved. Example, a vacant unit is up for sale. One of the current owners decides they would prefer the parking space of the vacant unit. Is that allowed? It doesn't seem fair to me. It seems like that space should be deeded to the unit. I have heard of that being done in some of the buildings.
Thanks, Chris
Re assigning parking spaces is one way to open up a can of beans in an association. The plot plans do not refer to which unit can park where, it only shows where the developer placed the "parking areas". Just because a unit is vacant does not mean that the presently assigned parking space is up for grabs. If that were true large buildings like Greenbriar C they would be repainting bumpers almost weekly.( Sorry Dave)
Maybe half the residents of a building could be considered handicapped.How would you be able to handle every request for a different space?
In my building the board does not normally re assign parking spots. If unit owners want to do this by themselves this is OK but we do NOT repaint the bumpers.
I think that is the way all the associations should handle it.
Thanks.
Hi All,
In no way am I recommending Parking slot re-allocation in my Post. I simply wish to point out that the Board may indeed do so. You will indeed open a can of worms.
One point however to be considered is the issue of severe Handicap and the Medical documentation to prove it; It would be unwise to ignore a request for Reasonable Accommodation say in a matter such as re-location nearer to the Elevator of Lift, as you may invite a Federal intervention under ADA guidelines.
In short, do not act in an arbitrary manner.
Dave
A controversy in CV - come on, stop fooling around !!
Definitely a difficult situation to deal with.
Dear CVBlogger I have wandered the ULDC with no success, if you have the URL for "Palm Beach County PZB Code Enforcement is always alert for illegal parking area usage" it would be much appreciated. TIA
Question for Dave, Lets say someone who is handicapped wants to get a parking space near an elevator or lift BUT their living unit is NOT near the elevator or lift. These people still have to get from the elevator or lift to their unit. Why is getting parking near the elevator or lift different? Could this person demand that they be given a unit closer to the elevator or lift? Any thoughts? In a building with many handicapped persons how do you determine who gets what parking spot? Some people have visible handicaps like being in a wheelchair. But how do you deal with residents that say have a severe heart condition where walking distances can be a problem?
Hi Nobody,
Your question is a bit confusing; a bit like asking a Sheriffs
Deputy "where in the traffic code does it say that you are always on the alert for moving violations?"
If what you really want is the URL for PZB, here it is:
http://www.pbcgov.com/PZB/
Dave
Hi Larry,
The distance between the Elevator stop and the
Unit is a fixed quantity which we cannot vary save by the Unit owner purchasing a closer unit.
The distance from the Unit Owners parking space and the Elevator/Lift first floor landing is a variable which can be adjusted depending on his/her parking space location.
Do not reject such a request as a "reasonable Accommodation" to a handicap arbitrarily, that is all I suggest.
The idea of giving such a person a Unit closer to the elevator hardly applies under conditions of In-Fee ownership; however I have heard of cases where owners have switched units voluntarily as a matter of mutual agreement.
People can be nice from time to time.
Dave
On the subject of parking spaces, one of our snowbirds, a real estate agent up north, asked me why our spaces are numbered with the apt no. She said that in some communities up north they don't do this, because it allows a burglar to monitor when an individual is in. (If the car in space/apt 263 is gone, it may be safe to burglarize that apt.) Is there a good reason why associations couldn't use a code, perhaps as simple in some cases as letters of the alphabet? Lanny Howe
Fortunately we live in a relatively safe community.The other reason spaces are numbered so that if people could remember their parking space number they may remember what unit the reside in.
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