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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I am the owner of a Condo in Brewster, New York. I have been

Customer Question

I am the owner of a Condo in Brewster, New York. I have been the owner since 2001. When I purchased I was allowed two parking spaces. One was a numbered spot (with my unit number), and another space next to my numbered space with no numbering. I recently went through some financial issues and now I'm behind in my HOA dues. I hear that the HOA board wants to number all the unnumbered spots. ( I would now have two numbered spots). Then they want to change the By-laws, that if a homeowner is behind in dues his/her car can be towed and the homeowner will have no parking in the community. Can they do such a thing? I was under the impression when I bought I had at least one assigned parking place. Do I have any rights? Thanks Jim
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. Jim, the HOA can remove your vehicles from the NON deeded parking spot. But be aware that an 'assigned' spot and a 'deeded' spot are different. A 'deeded' spot belongs to you and the HOA cannot remove your vehicle from it as a punitive measure over non-payment, and likewise they cannot bar access to you from parking there. But if the spot is 'assigned' and not deeded, an assignment is very much at the discretion of the HOA because it is no longer your property. Under that option the HOA can indeed pass regulations and take away assigned spots for HOA violations, specifically because that spot does not belong to you. Sincerely, ***** *****