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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 didn’t 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 today’s 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. That’s 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. Let’s review:
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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;
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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;
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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.
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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. I’ve 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. Let’s say an
owner has a physical disability. That owner may request a
“reasonable accommodation” 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 it’s 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 you’re
a good tipper, this can certainly add to the cost of parking
every day.
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About
HOA & Condo Blog
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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.
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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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