What to do if a newly built condo was sold the developer as to include2 parking spaces but the Board of Directors trying to take away1 of the spaces?

UPDATED: Sep 17, 2011

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What to do if a newly built condo was sold the developer as to include2 parking spaces but the Board of Directors trying to take away1 of the spaces?

As one of the first to buy, the developer sold me my unit with the understanding that it included 2 spaces, each marked in paint with my unit number. He included a handwritten note with my closing documents signed by him and his attorney stating these are my unit’s parking spots. But the by-laws state parking is general common elements assigned by the association. Being as my purchase was conditional to having these 2 parking spaces, with the note, can my spaces be considered my unit’s limited common elements, exclusive and not re-assignable since all units were sold with specific spaces?

Asked on September 17, 2011 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In order to answer your question, you need to carefully read your purchase agreement to puchase the condominium that you acquired in that its terms and conditions control the obligations owed to you by the seller and vice versa in the absence of conflicting state law.

Likewise, you need to carefully read the deed to the property that you purchased to see if it came with deeded parking places. If it did not and the contract says that it came with deeded parking spots, you need to make sure that the deed is amended and recorded with the parking spots that you purchased as part of the sale. If the property does not come with the parking spots and your contract states you receive them, you overpaid for the property and are entitled to a refund of its purchase price.

Good luck.

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