I recently bought a townhome. Before i purchase this town home i ask the association board if i can park my work truck on association property. I was repetedly told yes by the board. My lawyer ask and my realtor ask the same information and was told yes. About 8 months after i was here i recieve a tiket from the police department for parking a commercial vehicle in a residential area. I went to the board and ask why was this happening, and i was told it was the police doing it without their consent due to village ordinance. I later found out that there was a agreement in place with the police department to enforce village ordinance on their private property prior to me buying my home, an agreement they neglected to tell me about. Recently they said they rescind the agreement with the police department for a period of six months to give me time to find a place to park my truck. Is there a way for me to get the board to keep their first agreement they had with me so i can keep bringing my work truck home. A part of the problem is, the board member that gave my permission to park on association property have been replace by new members.
Optional Information: State/Country relating to Question: Illinois
Thank you for the post, I am happy to assist you by answering your questions. Yes, your attorney can draft a letter to the board indicating that the opportunity park your truck on the property was a material inducement to compel you to move forward with that purchase of the property and you relied on that representation that it would be permitted. To not allow you to park your vehicle on the property is a breach of that agreement, and what they are proposing would be a detrimental change in position (with you suffering the detriment). Please let me know if you need additional guidance.
OK, you have answer half of what i needed to know. i also mention that the board is claming that there is not much they can do to help me, because this agreement was in place before i bought the house. They claim that by recinding the agreement with the police department, they now are without the police patroling their property. I guess what i am asking is there something they can do to amend the agreement with the police department to allow my truck to park here or are they correct.
Yes, the agreement can be amended to exclude your vehicle from the enforcement practice, it would really just require an addendum to the agreement.
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.