Ready to learn a lot about lots? Particularly about condominium parking lots and assigned spaces.
Sometimes the purchaser of a condominium wants verification and a guarantee of the corresponding parking space that comes with their unit. This can be problematic because most condo owners don’t officially own their parking spaces or the title to them.
Condo parking spaces are not legally transferred the same way that a condo unit is transferred from seller to buyer. In general, a parking space is part of the condominium’s common area, and not recognized as a separate piece of property.
Ours: Parking is a Common Area
A condominium unit is essentially a legal invention. The “condo unit” someone owns is actually an interest in a specific airspace as well as an interest in the common areas. All unit owners have an ownership interest in the common areas. Parking spaces are part of the common area.
Common areas are classified as either general common areas or limited common areas. General common areas may be used by all the unit owners, like the lobby or pool area. Limited common areas may only be used by specific unit owners, like parking spaces and storage units. The main difference in the general common areas vs. limited common areas is one of use, not ownership.
Parking spaces are typically described in the condominium documents. Basically, each parking space is owned by all unit owners, however, its use is exclusive to the owners of one particular condo unit. Condo unit owners only have some rights with regards to each space, such as preventing other vehicles from using their assigned parking space. They do not have legal ownership and title to a specific parking space.
Theirs: Assigned Parking
Specific parking spaces assigned to units are described in the condominium’s declaration and governing documents. The details of a condominium parking space and its relationship to the condominium are unique to each development. Particulars regarding the parking space’s exact location and/or size are often vague, incomplete, or missing. Some condo complexes may not have any reserved or assigned allocations and parking is first-come, first-serve.
The condo association may also regulate common element parking spaces. They may restrict or forbid commercial vehicles, boats, inoperable cars, etc. And they may limit the number of cars a unit owner may keep on the property.
The documents may allow the condo association to reassign or reallocate parking spaces. Usually, once parking spaces are allocated in the declaration, they may not be changed without the condo unit owner’s consent. Often changes to allocated parking spaces will require a vote of the owners and an amendment to the declaration.
Yours: Using Your Parking Space
If the condo association allows it, unit owners may reach a private agreement amongst themselves regarding their parking spaces. A condo owner interested in renting out or transferring their assigned parking space will want to first ensure their condo declaration will permit it. The change or reallocation of a parking space would not be official without an amendment to the condo declaration.
In order to guarantee that a buyer is getting a specific parking space, the space would need to be accurately described in the condominium declaration document with sufficient legal description. The legal description would need to include information about the parking space’s exact location in the building, the exact size or dimensions of the parking space, the parking space number/letter, and any other identifying characteristics.
Typically, the title company will not include a parking space in the legal description of a property. They are not able to warrant that the condo seller has title to a precise parking space unless it is clearly identified in the legal description of the property recorded with the county.
And that isn’t likely.
