Submitted by tmoonn on Thu, 07/02/2009 - 09:18
Posted in
This is a 2 part question...recently the condo assoc. repaved our parking lot. They are not sure if they are painting parking space line...which is my first question, can the association not paint space to show designated spots?
This brings me to my 2nd question, this problem occured even before the paving, but there is a neighbor that has a space next to ours and she continues to park in our space, we have talked to her, talked to the condo assoc who has talked to her, and low and behold she parked in our space again, and will not move. Can we have her towed or is there another resolution to this?
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Editor's Response
Don't know for sure, but it is highly unlikely there is any state law re painting lines on condo lot. However, for this and your second question, you should look at your condominium documents.
Only the condominium Association has the power to enforce condo by-laws and rules (re parking). How they are going to do that, given that the spots are not numbered and marked, is hard to say. It sounds like you need to meet with the association and see if you can discuss this issue with them and get them to commit to some course of action. If that does not work . . . you will have to consider more drastic measures (attorney, demand letter, litigation, etc.) Sorry.
Thank you. That is what we
Thank you. That is what we figured, now we have to look at the documents to see whether or not out spaces is deeded or assigned by the association, because if its deeded, it is our property, doesnt it have to be a "defined" space?
If its an assigned space its more in the hands of the association, because technically it is assoc. property. Does that sound right?
Editor's Response
Absolutely. If the spot is deeded to your, then that is a whole different game. However, I would still talk to an attorney who is familiar with these issues before I took any drastic measures (towing car, etc.) For more information or to post a question, visit our MA Real Estate Law Discussion Forum. Good luck.