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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118772
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Apologies if this is in the wrong section. My sister and

Customer Question

Apologies if this is in the wrong section.
My sister and I bought a condo in Arlington VA last year. We did not check the parking spot before the purchase (I know, buyer beware) and my sister's Honda Accord does not fit. The spot is against the wall and there is a pillar on the other side and the angle is extraordinary tight. We have tried multiple times and cannot get the car in.
The home owner's association acknowledges the spot is "substandard" but refuses to address this problem (the spot is assigned to our unit but owned by the HOA). We had the county parking department in, they also assessed it as substandard but was apparently grandfathered in several years ago when an apartment building was turned into our condos.
We then tested it to see if my sister got a smaller care if that would work. We tried to get a Honda Fit into it (the smallest car logical for my 6' tall sister) and it did not fit either.
The HOA is about to repave the garage, which currently only has 3 extra spots. Some of the spots are quite large and I think it might be possible to get more available legal spots in when the re-striping is done. Does this make sense? Is there another way to address the situation? We pay for the spot each month but my sister has had to park at our old residence because we don't have a proper place at our condo.
Thanks for your help,
Maureen Rigney
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the spot is not useable, then you have a right to sue them as they are in breach of your HOA agreement and you are paying for the spot that you cannot use. You can sue them to recover the money you are paying for the spot you cannot use. The HOA is responsible under the terms of the lease for the parking spot being able to be used, if it is not, you have to sue because they refuse to make good on the promise to give you a parking spot one can use.
Customer: replied 2 years ago.
I should have said we consulted a lawyer here and she wasn't sure we have a case. Is there more information you can give that would help us convince someone to take this case?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
You need a condo law attorney, first of all. Second, all you need is your deed that shows you are PAYING for a parking space and pictures showing you cannot use the space. This is a breach of the warranty of habitability because you are paying the condo for something you cannot use. If this one attorney you went to did not know anything, you need to go to a condo law attorney and bring in your deed and documents from the association and proof you are paying for this space together with photos of the space showing it is not useable.