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:

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.  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.