Q:Who owns what regarding condo parking? Some owners seem to be able to lease parking spaces and others own parking units. I am confused. Please clarify the types of parking. Thank you!
A: There are a number of ways that a condo owner has rights to a particular parking area. The following are the most common:
Parking units: Are spaces owned by individual unit owners. These spaces are often subject to lease and sale restrictions outlined in the condominium declaration.
Assigned parking spaces: Some condominium declarations permit the condominium board of directors to allocate parking spaces for the use of occupants of the residential or commercial units.
Unassigned parking spaces: Some condominium declarations are silent regarding allocation of parking and this creates a free for all with the respect to parking spaces.
Leased common elements: Parking areas, other than exclusive use common elements, which the condominium corporation may lease to individual unit owners. Before any such lease can be entered into it must be authorized by a bylaw of the condominium.
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Exclusive use portion of the common elements: These specific parking spaces are allocated in the condominium declaration to be used by the owners of specific condominium units. Owners in most cases are free to lease but cannot sell these spaces.
Owners should read their condominium declaration to determine what restrictions or prohibitions if any exist relating to the occupation, use or leasing of the parking spaces.
Other documents and records that may cast some light on these issues are Land Registry office records, indicating ownership of parking units, the condominium declaration and description survey plans and records that are maintained in the corporation files at the property management office.