Can a HOA require temporary use of a deeded parking space?
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Can a HOA require temporary use of a deeded parking space?
I have a separately deeded parking space in my downtown condo, purchased 4 years ago. Since purchasing, I have twice a year been asked by the building manager to relocate my vehicle so the association can use my space for a donation drive. It is located directly next to the building’s salt storage and maintenance room, which in the past has also resulted in damage to my vehicle which each time the association did compensate me for repairs. Needless to say, frustration is a regular occurrence with the parking spot. Am I entitled to refuse use of my parking spot for this donation drive? They get me to sign a release of liability each time also when they offer me another parking spot to use for the day. I never signed an agreement to this use, nor was previously informed when purchasing the spot which is valued at the same as all other parking spots. So they expect me to accommodate and assume liability each time they do a donation drive. What legal action can I pursue?
Asked on October 4, 2018 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
"Deeded" mean you own it. No one can force you to let them use your property unless there is some contract or agreement in place between the two of you by which you have already agreed to let them do this. You could refuse; or you could agree to do it only on terms *you* find acceptable, such as that they will pay for any and all damage or costs you incur.
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