Monday, February 4, 2008

Easements

Would anyone know if the Board of Director of an Association has the right to re assign the parking spaces of the owners in the building?

Posted by Pierre at 2/04/2008 12:11:00 PM

Labels:

3 comments:

UCO President said...

Hi Pierre,
The Parking spaces are defined as Limited Common Element BUT they are not deeded.
Hence, the Board may indeed re-assign the spaces; However, be careful of arbitrary Selective treatment. It would be best to obtain mutual agreement from all affected Unit Owners.
Dave

Feb 4, 2008, 1:33:00 PM
Ed Black said...

Court cases show that Selective or Arbitrary reassignment of parking spaces can and have been OVERTURNED.

The Board discretion David is writing about is for the reassignment “to reasonably accommodate the handicapped resident”. Those cases REQUIRE the Board to act or face fair housing complaints. These cases will not be overturned, in all likelihood.

Please seek written legal opinions with any issues facing your Board. It is better to inquire of the facts than make reversible legally expensive mistakes.

Ed Black

Feb 4, 2008, 4:51:00 PM
UCO President said...

Hi Pierre,
It might be of use to you to have a specific reference to base your actions upon. In the original Declaration of Condominium, at Article XV (Limited Common Element), the last sentence is unambiguous on this issue and I believe dispositive:

"The management firm, as long as the Management Agreement remains in effect, and thereafter, the Board of Directors of the Association, shall assign specific parking spaces to unit owners in the Limited Common Element parking area shown and designated on exhibit No. 1 attached hereto"

Exhibit No. 1 is the survey included in your Condo. documents.
The specific Declaration of Condominium for your Association may be found at the Clerk of Court site as follows:

http://oris.co.palm-beach.fl.us/or_web1/or_sch_1.asp

If you cannot find the reference for your Association, please advise me of your Association name and I will give you the Book and Page.
I hope this is useful.
Dave

Feb 5, 2008, 3:29:00 AM

Post a Comment

Subscribe to: Post Comments (Atom)