board change parking list

[Bill_P]

What is the name of your state (only U.S. law)? New York

HI, I have been living in the co-op for 7 years and was on the board for 4 of those years. During my time on the board we started a project to gather all information and produce a wait list (which is based on when you signed up) for parking spaces. We found a number of old lists, including what was supposed to be the most up to date from the building manager, the board worked together to prepare an up to date parking wait list and posted this list in the building elevator for a full week. In this list we advised the residents that this is the official list and if anyone has an issue as to their position we would consider it and amend the list. Two people did so and the list was amended, at that time a copy of the "officially amended list" was distributed to all board members during our official board meeting and was accepted in our board minutes as our "OFFICIAL PARKING LIST".
Today I was told that there was a list which was found and that it's from 10 years ago, prior to when we prepared the "accepted" list and the NEW board used this as the basis for a new list. Can they do this since all opportunity was given to the residents to question the "LIST" when it was posted prior to it becoming the official list at a board meeting where it was distributed and accepted as the "OFFICIAL PARKING LIST" and should have superseded all prior lists?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[You Are Guilty]

The Board can do whatever the Proprietary Lease and House Rules say they can. So, what are the written rules for parking spaces?

 

[Bill_P]

HI,
I just went through the proprietary lease and house rules and the only reference to parking appears in the house rules
"No vehicle belonging to a Lessee or to a member of the family or guest, subtenant or employee of the Lessee shall be parked in such manner as to impede or prevent ready access to any entrance of the building by another vehicle"

"If there be a garage in the building, the Lessee will abide by all arrangements made by the Lessor with the garage operator with regard to the garage and driveways thereto."

"Only one parking spot will be assigned per family, this is to allow access to parking spots being made available to all Lessees'. Those who held more than one parking spot in August 2005 will be allowed to retain them under a grandfather ruling. In the event there are no Lessees' who are interested in a parking space and there is one open, a resolution by the board of directors can give an annual lease to someone alreaady holding a spot if they so desire, but that annual lease would terminate and not be renewed if there were a new applicant for a spot"

Other than renumerating the number of spots in the offering there is no other reference to the parking area or the assignment of spaces.

As I said previously I was on the board and was there when the board created the FINAL PARKING WAIT LIST.

 

[tranquility]

Since it does not seem the guiding documents limit the board regarding this issue, they current board, by following due process, can assign the list by last initial if they want.

 

[You Are Guilty]

Yep. Your second quote seems to give the Board the unfettered right to operate the garage (and, by extension, assign parking spaces) as they see fit. Which, as long as not done on a discriminatory basis (race, religion, etc.), can be by any other method they choose, even coin flips.

The remedy, then, is to vote out the current Board members who decided to allocate spaces this way, and vote in members who will do it the way you like.

Good luck.