If the developer of my condo has held on to 2 parking spaces in our lot for 13 years, do we have any right to takes these spaces back?

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If the developer of my condo has held on to 2 parking spaces in our lot for 13 years, do we have any right to takes these spaces back?

The parking spaces in my building are listed as limited common areas. The condo developer held onto the spaces by assigning them to 2 commercial storage units in our basement. He does not have any vote in our condo association and he has never paid any HOA dues for the storage unit. We would prefer for the spaces to become visitor parking since parking is in short supply in our neighbor hood. The developer has had people towed from these spaces and seems unwilling to sell them back to us. In general we have a problem with the spaces belonging to someone that isn’t a resident.

Asked on May 11, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The first question I have is are the two (2) parking spaces that you have written about come with their own legal description and grant deed? If so, the spaces belong to whomever is listed on the deed to them.

If not, then in order to resolve the parking space issue, you should carefully read the recorded covenants, conditions and  restrictions as well as all bylaws of the HOA to see how the parking space issue can be re-assigned. Potentially the above documents provide for a mechanism to make the spaces visitor parking. However, if the developer owns the spaces by a deed, then there is nothing you can do about them other than buy the spaces from him or her.


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