In the deed to the condo it states "Pursuant to the right retained by Sponsor as set forth in Section 6 of the Master Deed, Grantor hereby grants to Grantee an easement for the exclusive use of Parking Space P-42 as shown the plans filed with the Master deed and an easement for the exclusive use of the balcony adjoining the Unit, as same is shown on the plans filed with the master deed. Said easements are and shall forever be appurtenant to the title to the Unit granted herin this deed"
Section 6 of the master deed (as it related to parking) states that there will be such a number of spaces but it also says "Certain Units shall be granted an easement for the exclusive use of a particular Parking Space, which grant shall include the right of the operator of the motor vehicle to personally park and unpark a motor vehicle. Parking spaces which are not granted as an easement for the exlusive use of a particular Unit shall become guest parking spaces and their use shall be managed and administered by the "Condominium Association" hereinafter described in Section II below"
Then there is section 9 of the master deed that is titled "Use of Parking Space" This section lays out some basic rules of using the parking spaces. a) Basically says only personal non-commercial vehicles can be parked there. Unless you have written consent of the Board. b) All vehicles parked must be parked in a way that it doesn't interfere with other parking spots. and c) Even if you have an exclusive easement to a spot other people passing through the lot have a reasonable expectation that they can walk through your spot.
So to my question. The board recently came up with new rules for parking. They say that I have to have a parking sticker now. I asked what happens if I have a car rental or borrow someone's car. If I park in my exclusive spot what will happen? They said the car will get towed. Are they interfering with my exclusive easement? Are they allowed to tow a vehicle that conforms with the rules set forth in the master deed from my spot?
Condominium rules and parking
I really do not understand how so many condominium associations can be run so poorly. It's amazing. Yes, the condominium association can adopt rules to regulate the grounds and parking, but they can't do it in a way that interferes with your exclusive use of your parking spot. Really, is this such a complicated issue? If I were advising the association, I would tell them to come up with a system for temporary parking, such as a placard that hangs from the rear view mirror or sits on the dash, so people can use their spots to park vehicles other than their primary car. If I were advising you, I would encourage you to slap a smile on your face, no matter what you think of the board, and politely suggest the type of compromise I've outlined above. If that doesn't work then I would ask a Massachusetts attorney to write them a note. Unfortunately, it sometimes takes a letter on an attorney's letterhead to get a condo board's attention. Good luck.
Follow up Q- Parking Easement Condo
Hi,
I have a similar situation with parking and my condo association. My space is also granted through an easement, with the association only have an easement for maintenance, plus the additional description that "the provisions of this subsection share not be modified to amended without the prior written consent of all the owners of easemenet for the exclude use of the parking spaces being obtained in each instance". They require us to register our plates and also put a pass on our dashboard. My roommate had a rental car and the pass fell down on the floor, resulting in her car being towed (and costing her $135). I am trying to get my spots from being excluded from the agreement with the towing company (they patrol the lot 2-3 times a day) as I swap cars with my sisters, boyfriend, etc and I do not want to constantly be trying to contact someone to get the plate added and the pass in the dashboard. When I requested to be excluded, they told me "As an association we all agree to follow the same rules, being part of the association comes with some responsibilities equal to all" - do I have any claim at all that the association does not have the authority to enforce those rules on my spots? I am okay with it for visitor parking, but this accidental towing has happened twice and is such a pain!
Do i have any ground for being excluded?
Towed from parking space
Realistically, I don't see how that could happen.
The thing is, for every person like you who wishes the a certain condominium rule were not in place or not enforced, there are usually others who bought into the condo with the expectation, and hope, that the rule will be enforced.