Can my HOA reassign my garage space?

UPDATED: Oct 1, 2022

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Can my HOA reassign my garage space?

I live in a condo association with garages. My warranty deed states that I have
‘exclusive right to use garage space 2’ My HOA is instructing my neighbor and
I to trade garages as apparently there was a mixup when the property was first
built. Do I own the specific garage indicated in my warranty deed and is the HOA
allowed to reassign garage spaces?

Asked on March 16, 2018 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If i is in your deed, then the space is yours and they cannot re-assign it: they cannot take property deeed to you away from you. You and your neighbor could voluntarily agree to change this either on a temporary basis (e.g. with a license agreement to use each other's space) or permanently (by amending the deeds), but it would have to be your choice to do this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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