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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55608
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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can a condo association take away my deeded parking space

Customer Question

can a condo association take away my deeded parking space and give it to a disabled man. We have a handicapped spot but it is far from his apt front.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Richard replied 6 years ago.

Good evening. No....the parking space that was deeded to you belongs to you; it is not common area under the control of the association. If they need to relocate a handicapped space, they must either do so with common area or must pay you or someone else enough to purchase your space or exchange your space for another. They cannot legally do that unilaterally.



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Customer: replied 6 years ago.
There was not a specific parking Space number in my deed
Instead the condo's declaration gave the sponsor the exclusive right to grant parking easements which he did.
Am I right that the parking space is deeded to me

Expert:  Richard replied 6 years ago.
If you do not have a specific space deeded to you, but you have an easement granted to you for that space, unless the declarations give the association the right to make that change unilaterally, then the association does not have that right.
Richard and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 6 years ago.
Thanks for the answer .. What if the fair housing act and American disabilities act is on the condo associations back to pressure me to give up my space given to me by the sponsor .. With parking space numbers
Expert:  Richard replied 6 years ago.
That's the association's problem not yours.