A PARKING PRIMER

By Eric Glazer, Esq.

Published February 26, 2024

 

So many of our condominiums were built in the days that it was basically unheard of for a family to own more than one automobile.  Many homes didnít even own one automobile.  As a result, the laws were a lot different than they are today and allowed a building to be built with far less parking spots than todayís laws require.  In the 1960s, a 100 unit condominium building consisting of 1, 2 and 3 bedroom units could be built with as little as perhaps 105 parking spaces.  That same building today may require 165 parking spaces.  Thatís an increase of 60 more parking spaces for the same exact building!

 

When constructing the condominium and the condominium documents, developers were faced with a decision on how to label the parking spaces.  What parking scheme would they develop?  There were several methods that are now found in our declarations of condominium.  Letís review:

  1. Some declarations simply treat all of the parking spaces as common elements.  When that occurs, the Board of Directors can make reasonable rules and regulations regarding all of the parking spaces;

  2. Other declarations may allow the developer to sell specifically numbered spots to specific units.  The parking spaces are actually found in the deed from the developer to the owner.  These parking spaces typically remain with that specific unit forever;

  3. Another method allowed the developer to assign, but not sell, the parking spaces to a specific unit as a limited common element.  Sometimes you will see a declaration that allows unit owners the right to transfer these parking spaces to other unit owners as long as each unit always has at least one parking space at all times.

  4. Here is where it gets messy.  The declaration says that the developer can assign parking spaces and a list shall be maintained of such assignments, but the list seems lost forever.  Iíve seen this a bunch of times and the Board is left scrambling.  Eventually, these things seem to work themselves out.

There is another way that parking spaces can get assigned.  Letís say an owner has a physical disability.  That owner may request  a ďreasonable accommodationĒ for a spot closer to the entrance or closer to the elevator or to their unit.  The association is required to honor that request if the disability is proven and the association has the ability to make the accommodation.

 

Finally, an owner with an electric vehicle is allowed to install an electric vehicle charging station in their assigned space if they jump through a series of hoops like ensuring itís installed by licensed personnel, they pay for the installation, they pay the monthly bill and some other requirements.

 

In some condos, you may not even have your own space to park and you may be required to give your car to the valet each night.  If youíre a good tipper, this can certainly add to the cost of parking every day.

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About HOA & Condo Blog

Eric Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for three decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one-hour radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently, he moved the show to YouTube, transforming it into a more dynamic and interactive experience. This move not only allows viewers to engage in live chats with Eric and other participants but also enables a broader audience to access free advice, making valuable insights more widely available.

See: www.condocrazeandhoas.com.

   

Eric is the first attorney in the State of Florida that designed a course that certifies condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.



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