How to solve common area dispute after prior owners of condominium unit sold it to us a year ago?

Question

The total number of units are 3. On the listing for the unit, it was listed as having 2 off-street parking spaces. Our purchase and sale agreement has this listed in the description of the property. During the whole transaction and even the day we signed the house papers, we asked several different people, including neighbors to left, about the parking situation since we observed that there were only 5 spaces. We were assured every time that we had a total of 2 spaces, the neighbors to the left had 2, and the neighbor to the right had 1.

Now, our neighbor is disputing this even after showing him our paperwork with this on it. Our condo by-laws state that we have a 33.3% interest in the common area which includes the parking lot.

We went to city hall and told them our situation and looked into adding a 6th space on the property. We were told that we could not at a space and that we had 1 and a half parking spaces between the 3 units.

What can we do? This affects two units.

Answer 1

If individual parking spaces are not part of your unit & are not a limited common element assignable to a particular unit; then they are a common element & it's 1st come, first served. There may be side agreements between the owners; but if they are not in writing then, in the words of the late Louis B. Mayer: "Oral agreements are not worth the paper they're written on!"

If you have a written warranty from the seller that you had two exclusive parking spaces you may have a claim for damages or even for fraudulent rescission of the sale against them.

Dan S is wrong about which documents has precedence. The Condo documents supersede any contract between you & the Seller; The Seller cannot contract away the property rights of the other unit owners.


** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 2

If your contract says that you have 2 spaces then you have two spaces and your neighbors can't use them without your permission. If they do they you have the right to have their cars towed. It all comes down to the contract.

Your neighbors can still be responsible for 33% of the parking lot without having full use of the parking lot. The 33% can't be divided equally between 3 neighbors so the conditions are as what is described in the contract when it says how many parking spots the owner is entitiled to. Your neighbors have to prove how many parking spots their contracts say they own. If each neighbor can claim 2 spots in the contract then you have a problem and need to go to court to settle it.

It doesn't matter what you were told since assurances don't carry any legal weight when compared to the contract. You need to check that contract for what it says on the parking lot.

If all you have in the contract is that you own 33% of the parking spaces then you are going to have to come to some sort of deal with the next door neighbor like he can use the space on odd days and you can use it on even days.

Remember that the condo by laws take second place to the contract itself.

Answer 3

You need to check what the deed and and convenants say.

This would determine whether you have 1 or 2 parking space. The listing papers don't mean any a thing in this determination.

If you don't have 2 parking spots, you may have a case against the real estate broker and the seller.

This is a need a lawyer issue.

Answer 4

Get yourself an attorney ASAP so that you don't miss any legal deadlines for bringing suit. Even if you don't ultimately suit, you want to preserve that option. Regardless whether the statute of limitations for your purchase contract has not run its course, this is going to be a bumpy ride.

This matter involves at least five parties--the current three owners of the three units, the past owner of the unit which you bought, and the city. Potentially, it may also involve the real estate agent/broker and other licensed individuals on whose representation(s) you relied when you purchased your unit.

The biggest problem is you don't state with certainty how many legal parking spaces there are. That issue has to be resolved before anything else.

Once you know for certain how many legal parking spaces there are, it should be fairly straightforward matter as to how to divide up the spaces among the three property owners.

If it turns out that you "lose" one or more parking spaces as a result of such a division, it's up to you who you go after for such a loss. For example, you might be able to go after the former owner of your unit and/or his/her agent for misrepresentation. You might even go after your own agent for failing to inform you of the parking problem.

Good luck.

Answer 5

Tell owner # 3 to show you his paperwork. I bet it says 1 parking unit-

Check the COVENANTS, they can give an adjacent owners the right to use the second parking place. Also contact the the title insurance company they are supposed to check and make sure you are buying what has been declared.

Answer 6

talk to some other neighbors and raise hell at the next HOA meeting.