What is the name of your state (only U.S. law)? Washington State
In the admendment to the condo declaration there is a list of which parking spaces are assigned to which units. When the amendment was created, at least two parking spaces were left off the amendment including one of ours. Now we are in a situation where we are trying to sell the condo but the parking space is not on the amendment as assigned to anyone (even though it is marked as private parking, not visitor, and I have been the only one parking there).
We have contacted both the agent who sold us the parking space as well as the condo management company and the management company is saying that the people who sold us the parking space had no right to do so even though the declaration says they did AND all of the other parking spaces which were sold at the time were included in the amendment (except ours and one other and also four others, though we don't know if those four were bought or not). We have a receipt that says we purchased the spot and also declares that the declaration will be amended to reflect that the spot has been assigned the condo (though it was not).
So we are trying to figure out how to get the amendment corrected. Who is ultimately responsible for making the correction? Are we responsible for lawyer fees to draft the correction or can we just pencil in the additional parking spaces into the amendment and have someone (board president?) sign it?
This is a huge headache for us and we are unfortunately on a deadline to close on this condo in about 3 weeks.
In the admendment to the condo declaration there is a list of which parking spaces are assigned to which units. When the amendment was created, at least two parking spaces were left off the amendment including one of ours. Now we are in a situation where we are trying to sell the condo but the parking space is not on the amendment as assigned to anyone (even though it is marked as private parking, not visitor, and I have been the only one parking there).
We have contacted both the agent who sold us the parking space as well as the condo management company and the management company is saying that the people who sold us the parking space had no right to do so even though the declaration says they did AND all of the other parking spaces which were sold at the time were included in the amendment (except ours and one other and also four others, though we don't know if those four were bought or not). We have a receipt that says we purchased the spot and also declares that the declaration will be amended to reflect that the spot has been assigned the condo (though it was not).
So we are trying to figure out how to get the amendment corrected. Who is ultimately responsible for making the correction? Are we responsible for lawyer fees to draft the correction or can we just pencil in the additional parking spaces into the amendment and have someone (board president?) sign it?
This is a huge headache for us and we are unfortunately on a deadline to close on this condo in about 3 weeks.