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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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I recently a purchase a 2/2 condo and the HOA told me that

Customer Question

I recently a purchase a 2/2 condo and the HOA told me that I only had 1 parking space. I was not sure if that was true or not because usually a 2/2 has 2 parking spaces. I confirm with a couple of neighbors that my unit had 2 parking spaces. I called the HOA office and confirm that yes I had 2. Well, I kept seen a car parking at 1 of my spaces and told the owner of the car that the parking was mine. He told me that the HOA manager rent that space to him. I then call went personally and spoke to the manager and her answered was that since I bought a unit that was in foreclosure and they had other units in the same situation they had to take a parking space and rent it. She asked me that I can buy that same parking space for $2,500.00. My question is, Can HOA do this? and if there any document that they need to file in order to do it? Not sure what to do. PLEASE HELP
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
Does your deed say that your unit comes with two parking spaces?
Customer: replied 1 year ago.
not sure if it says it but I contacted the title company and they told me that's not in the stopple letter
Customer: replied 1 year ago.
are you there?
Expert:  Lucy, Esq. replied 1 year ago.
Yes, I'm sorry. We have to answer all questions in the order received, so sometimes there can be a couple minutes delay in responding.
The answer depends on what your deed says. So, in order for me to give accurate information, the first step is for you to check the deed.
Customer: replied 1 year ago.
is that in my closing documents? I made a deposit for $50 does that cover this conversation only?
Expert:  Lucy, Esq. replied 1 year ago.
The deposit covers the conversation for as long as it takes to get the answer.
The deed is filed with the county - in some states, you can look at the records online. It depends on where you're located.
Look for any paperwork in the closing documents that reviews the specifications of the property. That might say how many parking spaces you're buying.
Customer: replied 1 year ago.
Ok I will look that up. Thank you
Expert:  Lucy, Esq. replied 1 year ago.
You're welcome. Let me know what it says, and then we can go over your options.
Customer: replied 1 year ago.
ok thank you! but can an HOA legally do that?
Expert:  Lucy, Esq. replied 1 year ago.
They probably can't, but it truly depends on what your deed says. If your deed says you get two parking spaces, then it's 100% illegal - they'd have to give you the space back AND could be ordered to give you the money they got from renting it out to someone else.
If your deed only says you're buying one space, then it gets a lot more complicated. You have to look at the declaration to see how many spaces belong to each property, go through the minutes to see if they amended the declaration, check to see if they did it properly - there's a lot of work involved and you could wind up having to hire a lawyer.
For your sake, I sincerely ***** ***** deed says that you got two spaces with your unit.
Customer: replied 1 year ago.
I am in Miami Florida, where do I get the declaration? I am sorry I am lost
Expert:  Lucy, Esq. replied 1 year ago.
The declaration is filed with the clerk of the circuit court (also known as a county recorder), as required by Fl. Stat., Section 718.105.
See if you can get any information from either of these websites:
http://www.miamidade.gov/pa/property_search.asp
http://www.miami-dadeclerk.com/courts_recorder.asp

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