NJ - Board trying to take away parking space

[doncicciujr]

I won't go into how many acts and laws my Board of Directors have been breaking, but that aside, at a recent association meeting they announced that they had made a motion for me to vacate one of my parking spaces because another unit owner is threatening to take action against the board for not having the required amount of handicap parking spaces per the original site plan and Public Offering Statement. This unit owner is not handicapped. And the Public Offering Statement makes no mention of handicap parking.

Our fairly new condominium building consists of 18 units. Some units have 2 parking spaces. It is a gated lot with a total of 26 parking spaces, 16 single spaces and 5 double length spaces. One of the 26 spaces is located by the door and is designated as handicap. All the other spaces are marked with unit numbers for use by specific units (they were marked by the developer before selling any units). I happen to have two single parking spaces, one of which is right next to the one handicap space. The site plan originally showed my space as also being a handicap space, but prior to my purchase the Seller agreed to change the second handicap space and designated it to my unit.

According to the Fair Housing Act, we are complying with regulation having 2% of parking designated for handicap so from what I can tell the other unit owner has no basis for his complaint. Furthermore, it is my understanding that condos which allocate parking spaces as limited common elements have no need to comply with the Fair Housing Act. However, there is mention in the By-Laws that parking spaces are General Common Elements. The By-Laws are generic form though, and both the developer and the association haven't been complying with them. The By-Laws don't define any Limited Common Elements.

There is a great deal of contradiction. The Developer has broken many laws having not handed over certain common elements and financials, performed audits, and not maintaining an account for reserve money. If the parking spaces are cited as General Common Elements in the By-Laws, why would the Developer allocate parking spaces to each unit and paint the spaces? How can he sell units claiming they include specific spaces if they are General Common Elements? Several people bought units based on the fact they included two parking spaces. Is this a breach agreement? Is there a case against the Seller? Does the board have a right to take away spaces from people?

One last point is that at closing I refused to sign the papers unless the Seller provided me with something designating my unit with one covered parking space and one outside parking space. The Seller hand wrote a note specifying this on a blank piece of paper as part of my closing papers, and both he and his attorney signed it. I now discover he never amended the By-Laws specifying those spots as Limited Common Elements, but having that note and my lawyer as a witness, would that suffice to retain exclusivity to those spaces so that the board cannot reassign them?

 

[HomeGuru]

I won't go into how many acts and laws my Board of Directors have been breaking, but that aside, at a recent association meeting they announced that they had made a motion for me to vacate one of my parking spaces because another unit owner is threatening to take action against the board for not having the required amount of handicap parking spaces per the original site plan and Public Offering Statement. This unit owner is not handicapped. And the Public Offering Statement makes no mention of handicap parking.

Our fairly new condominium building consists of 18 units. Some units have 2 parking spaces. It is a gated lot with a total of 26 parking spaces, 16 single spaces and 5 double length spaces. One of the 26 spaces is located by the door and is designated as handicap. All the other spaces are marked with unit numbers for use by specific units (they were marked by the developer before selling any units). I happen to have two single parking spaces, one of which is right next to the one handicap space. The site plan originally showed my space as also being a handicap space, but prior to my purchase the Seller agreed to change the second handicap space and designated it to my unit.

According to the Fair Housing Act, we are complying with regulation having 2% of parking designated for handicap so from what I can tell the other unit owner has no basis for his complaint. Furthermore, it is my understanding that condos which allocate parking spaces as limited common elements have no need to comply with the Fair Housing Act. However, there is mention in the By-Laws that parking spaces are General Common Elements. The By-Laws are generic form though, and both the developer and the association haven't been complying with them. The By-Laws don't define any Limited Common Elements.

There is a great deal of contradiction. The Developer has broken many laws having not handed over certain common elements and financials, performed audits, and not maintaining an account for reserve money. If the parking spaces are cited as General Common Elements in the By-Laws, why would the Developer allocate parking spaces to each unit and paint the spaces? How can he sell units claiming they include specific spaces if they are General Common Elements? Several people bought units based on the fact they included two parking spaces. Is this a breach agreement? Is there a case against the Seller? Does the board have a right to take away spaces from people?

One last point is that at closing I refused to sign the papers unless the Seller provided me with something designating my unit with one covered parking space and one outside parking space. The Seller hand wrote a note specifying this on a blank piece of paper as part of my closing papers, and both he and his attorney signed it. I now discover he never amended the By-Laws specifying those spots as Limited Common Elements, but having that note and my lawyer as a witness, would that suffice to retain exclusivity to those spaces so that the board cannot reassign them?

**A: you need to hire your own attorney and the HOA needs to do likewise.

 

[festival]

Your lawyer apparently did not protect your interests when you closed on the property. Go back to this lawyer, who should now represent you for free, or get a new lawyer. You could also try the developer's lawyer (to write a letter on your behalf to the board).

Bylaws often give a board authority to control parking and to control the common elements, without the need to amend the bylaws.

What exactly does that hand-written note say? What is the form of ownership of your first parking space? Is any of this on your title or deed?

You can also try to get the support of other owners, since they all have parking spaces, and since the board is messing with your property and your property value. From an owner's point of view, it is actually pretty outrageous.

The board should be more worried about a lawsuit (from you) than about the fair housing act.

 

[doncicciujr]

The note I have signed by the seller and the seller's attorney reads, "To Owner of Unit 2E, your parking space is under the building marked 2E. Yours truly, <signature>. There is also an outside spot that will be marked 2E. <Attorney for Seller>".
Parking is not mentioned in the title or the deed to my unit. The parking spaces were painted with unit numbers before selling any units, and the units were sold with the understanding that you would get the respective parking space(s).

The space they are trying to take is the one under the building. It's not a good idea for me to contact the Developer's attorney since the Developer holds a grudge against me for pushing the fact he is required to pay the deficit in our operating budget as set forth in the By-Laws which he is refusing to do. I am considering having my lawyer send the Developer's lawyer a letter saying he must amend my deed or the by-laws to appropriately designate the spaces to me or refund the value of the space(s) as my closing agreement and governing documents read that the Seller warrants information used to entice the sale are accurate and true. Is this a good idea? Or would it be best to just litigate with the board? I'd also like to point out that the association has no money for litigation and have even illegally assessed us an amount aggregating over the permitted amount as set forth in the by-laws to pay for other legal matters in a dispute which they never even tried using a fair form of mediation prior to litigation.

 

[festival]

I am a condo owner and manager for an owner's association. I have tried to educate myself, but I am not an attorney.

The proper way to handle it is to designate the spaces as limited common elements in the declaration (not really the bylaws) for the exclusive use of your condo (as you first suggested). Your attorney and the developer's attorney messed up.

It appears from your posts that the condo association is now under the control of the owners, not the developer. So the developer cannot amend the bylaws or declaration because the developer no longer owns the required majority of the units. The developer also does not own the property to be able to change your deed after the fact, although it might be worth a try. Even if the developer does change your deed, it might not do you any good.

You really do not have a legal case against the board, since your parking space is not recorded anywhere. The board has to go by the condo declaration, not the developer's statements. Here is what you can do:

Get your attorney to handle it. Did your attorney charge a set fee for representing you in the real estate transaction? Your attorney is not finished.

Try to pursue your title insurance, if any.

Go after the developer for a refund of the value of the parking space. The developer may say that the board took the parking space away, which is correct, so you don't have a case. And you say that the developer never really gave you a space, which is more correct. I think you are right, but good luck with the judge.

Work with the board and the other owners to amend the declaration. All the owners need protection of their parking spaces. The board should do this for themselves and the other owners. The board could also designate parking spaces by rule, but this is not as good as amending the declaration. Try to get other owners on your side.

Here are a few links:

Your Condo Declaration is Not a Contract Between You and the Developer | Condo Law Group Blog | Seattle

http://www.ltgc.com/files/technicalbulletins_customers/CondoParkingSpaces_Apr08_web.pdf

I think that you will find that your board has authority to assess higher amounts.

 

[doncicciujr]

Thanks for the feedback. I realize the board may assess higher amounts, but according to our by-laws, that amount may not be higher than an aggregate of $10,000 in a fiscal year. They assessed everyone $1000, which is $18,000 total.

I've considered suggesting we amend the bylaws to designate parking as limited common elements, but as it is the board is against me on anything I say and with the Developer's friends owning units, they pretty much go against anything I suggest. And those complaining that they don't have two parking spaces like some others, I don't see it happening. Like I said, they are breaking many laws and basically assert their authority like power hunger mongers.

I am a condo owner and manager for an owner's association. I have tried to educate myself, but I am not an attorney.

The proper way to handle it is to designate the spaces as limited common elements in the declaration (not really the bylaws) for the exclusive use of your condo (as you first suggested). Your attorney and the developer's attorney messed up.

It appears from your posts that the condo association is now under the control of the owners, not the developer. So the developer cannot amend the bylaws or declaration because the developer no longer owns the required majority of the units. The developer also does not own the property to be able to change your deed after the fact, although it might be worth a try. Even if the developer does change your deed, it might not do you any good.

You really do not have a legal case against the board, since your parking space is not recorded anywhere. The board has to go by the condo declaration, not the developer's statements. Here is what you can do:

Get your attorney to handle it. Did your attorney charge a set fee for representing you in the real estate transaction? Your attorney is not finished.

Try to pursue your title insurance, if any.

Go after the developer for a refund of the value of the parking space. The developer may say that the board took the parking space away, which is correct, so you don't have a case. And you say that the developer never really gave you a space, which is more correct. I think you are right, but good luck with the judge.

Work with the board and the other owners to amend the declaration. All the owners need protection of their parking spaces. The board should do this for themselves and the other owners. The board could also designate parking spaces by rule, but this is not as good as amending the declaration. Try to get other owners on your side.

Here are a few links:

Your Condo Declaration is Not a Contract Between You and the Developer | Condo Law Group Blog | Seattle

http://www.ltgc.com/files/technicalbulletins_customers/CondoParkingSpaces_Apr08_web.pdf

I think that you will find that your board has authority to assess higher amounts.

 

[festival]

A special assessment vote for a $1,000 would probably pass to pay for the legal expenses.

Power hungry mongers are usually just in the mind of someone who is frustrated.

Get a friendly owner, maybe an owner with two parking spaces, to ask for the amendment. Show them the links from respected sources provided in my previous post that explain how parking spaces should be done.

Then if you cannot get your space from the board, maybe pursue the developer.