What can I do regarding limitations put on my use of my parking space at my condo?
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What can I do regarding limitations put on my use of my parking space at my condo?
I purchased a condo which comes with one assigned spot. I’d have my boyfriend park his motorcycle along with my car in my spot since both of them fit within the boundaries. Several residents complained and I received a notice from the management company that I couldn’t park both vehicles in one spot. I reviewed the by-laws which make no mention of only allowing 1 vehicle per spot; it jut states that only vehicles are allowed in the parking area. The management company wouldn’t budge on their position but finally admitted that this rule is only “implied”. How do I proceed?
Asked on April 6, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you wish to resolve the matter--and so, for example, not run the risk of one or another vehicle being towed or wheel clamped--you would bring a legal action seeking a "declaratory judgment." That is, you would bring a lawsuit in which you would ask a court to interpret the by-laws and declare that you are allowed to park more than one vehicle in the spot, so long as they all fit within the spot.
Alternately, you could wait to see if the condo association or its management company takes action--e.g. brings a legal action against you--then respond to it. This, though, could put you in the position of having to recover one or more vehicles from an impound, if the condo had one towed. Even if you prevail, that is obviously inconvenient.
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