Parking disputes are some of the most common issues faced by condominium residents. Parking is different in each condominium, as the details are found in each association’s governing documents and not in Florida’s Condominium Act.
Contrary to popular belief, unit owners do not own parking spaces by deed. Rather, unit owners possess a right to use parking spaces, with details set forth in the condominium documents.
Common Element
The simplest parking spaces are those defined in the governing documents as “common elements.” Parking spaces that are designated as common elements are association property, but are available for the use and enjoyment of all unit owners. These parking spaces are occupied on a “first come, first served” basis.
Common Element Assigned Space
An association may designate that a certain unit may use certain common element parking spaces. For example, an association’s governing documents may state that each 2 bedroom unit may use 2 parking spaces. While the parking spaces are common elements, the association may designate which specific numbered spaces each unit may use. However, the association may be able to renumber, resize or reassign parking spaces as it deems fit.
Appurtenance
Parking spaces designated as “limited common elements, appurtenant to a unit” provide the greatest protection. Appurtenant parking spaces are regarded as attached to the unit and pass with the unit upon sale. Generally, they cannot be separated from the unit. However, some declarations allow unit owners to sell parking spaces to each other, or to trade or license use to others.
The spaces become appurtenant to a unit through an assignment of the parking space. Typically, the developer of the condominium provided the document to the initial purchaser of the unit, often for a fee. The document is not usually recorded in the public records, and over time it is often lost. In order to address disputes, the chain of ownership must often be determined. That may require going back decades to the developer’s documents and through sales of the unit or space along the way, to the current owner.
Parking disputes present many challenges. Our firm is uniquely experienced in handling parking matters, having resolved a multitude of them. If you need help to resolve your parking dispute, please do not hesitate to schedule a consultation with our office.
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