Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and thank you for asking your question. My name is XXXXX XXXXX I will be assisting you. I am a licensed Florida attorney. Are these parking spaces deeded or just assigned through the condo association?
I really don
I really don't know-I have been told that they are deeded yet when we handed in the papers the office manager said they had been assigned by the builder. I do know other spaces in the building have been traded and/or sold.
Thanks for the additional information. You might consider checking the condo declaration, which would tell you whether they are deeded and how to go about selling or transferring them. If they are deeded, it would require a deed from the owner to the new buyer. Also, you would want to confirm whether the association would have to approve the sale ( I assume that they would).
I was told the papers we handed in had been used successfully in the past. The person I am exchanging with said that he called the office and they said they had a lawyer letter stating we could not do this.
Any transfer or exchange of parking spaces will require association approval. Thus, the parties can't undertake on their own. If the association approves of the transfer, then the association's attorney should most likely review the papers being submitted.
I also know that one of the board members recently sold her spot-does this give us any leverage.
Maybe. You would have to investigate the specific details of the sale. You might also start with the condo docs and determine what requirements need to be met in order to sell a spot. For example, if the docs outright prohibit a sale, then I would want to know how the board member was able to sell their spot. On the other hand, if a sale is permissible but requires certain steps to be taken, then you should be able to follow those steps and effectuate your sale.
The condo docs would absolutely govern this action and should be reviewed first.