I assume you read the offer, the purchase and sales agreement, the condo documents if not originally at least by now. It is not uncommon in many condominium complexes to have assigned parking. What do the condo docs say? Do any of the units have deeded parking. If it is typical of the complex to have assigned parking, it does not effect the value. Not only does it not effect the value, at the time of purchase you did not pay for it, it comes with the unit, it is assigned and although they may change your space # (very rarely done) they can not take away parking from you as it is assigned to the unit. Was the Trustee aware that the car had a legal right to the spot? Sometimes its not a trustee, but the towing company. Many complexes provide tenant/owner stickers for parking spaces. Your situation is typical of condominium owners, especially those that rent out their unit.
You're correct that a condo with a deeded space is worth more than one with an assigned space. An assigned space is a common element or, at best, a limited common element. It's owned by the entire condo.
As for whether your condo association can simply reassign spaces or--worse--decide to make parking places unassigned, the answer would lie in your condo documents. The same issue applies to whether the condo can tow your tenant's car from your assigned space.
I'm not a lawyer, so this isn't legal advice. However, if your only basis for assuming that the parking space was deeded was what your CIL said--and not the MLS listing, not the condo documents, not any advertising, etc.--then your only recourse is likely to be with your CIL. Even then, it's likely that a lawyer would tell you that you have to show damages. In this case, that'd likely be the difference in value of your condo unit without a deeded space, versus a comparable unit with a deeded space.
See a lawyer for additional information.
As for the lower value or not of a unit with a deeded or assigned spot you'd need an appraiser to look into that, it could also affect your city/town assessment etc, all the more reason to have an attorney look into these issues.
This is one of many reasons it's advisable for buyers to retain their own buyers agent as well as attorney to hopefully avoid headaches like this and other topics. Sorry you had to find out this way, hopefully Thanksgivings won't be too difficult with your CIL
If you have copies of the above, I am happy to view them. When is the next board meeting? Are you on good terms with the other unit owners? Typically self managed properties have more than one trustee. Speak with them.
I just read your condo master deed and in 6.1 it states "... Call me 617-799-3326
Is the complex self managed or is there a mangement company. If a managment company speak with them. If it is self managed any of the trustees should beable to provide you the space. Make sure they notify the other trustee's and provide a sticker of some kind so that either you or your tenant will not be towed.
You should review the listing sheet and any correspondence with your CIL, the seller, your attorney if you used one and your condo docs as well as any closing documents. If this seems a challenge it's ok, understandably it is. A real estate attorney (possibly the one that did the closing for you) can review any and all documents and give you legal advice on how to proceed.
I do have one question though, why does assigned versus deeded parking make such an imact on you now? Is there some reason why you need it deeded rather than just assigned? If it's a matter of your tenant's car being towed answers to that separate issue can be found in the condo docs. Perhaps there's a proceedure that your association has for the renting out of units in your association.
As for the situation with your CIL, this can be a touchy subject. Sometimes in real estate transactions errors are made. That's why we as real estate professionals are requred to carry errors and ommissions insurance coverage. Claims on thi should be reviewed by your own attorney and proceed with this route as advised by your attorney. This is why it's called "Errors and Ommissions" to cover errors and ommissions. Your cousin, their company they work for will have to review any claim with their insurance provider and respond, this is why you'll need your own attorney to assist you with this route.
Hope this helps & god luck
Last year (2011), I checked the listing and it was advertised as having an assigned parking.
The deed does not indicate any assigned parking.
I talked to the developer (the guy who sold the unit to me). The spot was always assigned to my unit.
The trustee used the fact that it's not written on any document to take the spot back from me.
I would recommend speaking with an attorney about this matter. But I would provide you with a bit of information going forward. The condo docs AND the deed are documents that you would have been able to have found that information in. You probably received a copy of the condo docs for your review shortly after your offer was made and at the time of the closing, you would have had an opportunity to review the prepared deed in your name. It’s unfortunate that both opportunities were missed, as it seems like at the time, a deeded spot was high on the priority list. Best of luck to you in this matter going forward.
Back to the issue at hand. Did your CIL/Broker advertise it as deeded or assigned? if you give us the address we can tell you what the MLS listing sheet says. Did you your CIL advise you to review the condo documents before purchase? If so, the parking rules should have been outlined in those documents. Did you have an attorney at the time? If so did he/she review the condo doc's (they usually do)? if so, he/she should have seen the info.
Regardless, it does seem odd they are towing your tenants car when it's assigned so you should get your attorney involved asap.
It is self-managed. It has been self-managed poorly. Unfortunately, when I tried to get it back 8 months ago (when the problem started), the trustee argued that I have been using it without permission and its not deed to me. He towed my tenant car without informing me first that I cannot park in that spot. He did the same thing to another owner who also has an assigned parking. The previous trustees did not cause me any problems wrt to parking spot.
My plan is let my lawyer do the talking with the trustee.
In conclusion, it is not deeded and it is assigned. Right now, I do not even have my assigned parking. I have to deal with my trustee now to get my assigned parking spot back.
Thanks for responding to my questions!
My condo trustee apparently reviewed the deeds of all the unit owners and found that 3 unit owners do not have deeded parking spaces. So, He just towed the cars on the assigned spots without even telling us beforehand. 23/26 of the condo owners have deeded spaces. He even told me that I haven't been using the spot without permission. In any case, I will defer to my lawyer in the future when dealing with my trustee.
Thank you all for your answers. I really appreciate it.
In the meantime, check out the Condo docs and it should give you an indication of what the truth is. Also, were there any Seller's Disclosures when you purchased? If so, look through those as well.
Good luck and All the Best!
Hope that helps,
Doesnt a condo with an assigned parking have lower value compared to those with deeded? Especially if the HOA can take the spot away without any warning (just like my trustee did). Legally, I do not own the parking spot if it's not deeded to me right?
Again, thank you so much for reading my problem/questions.