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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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In a condo building in NJ, that has both outdoor and indoor

Customer Question

In a condo building in NJ, that has both outdoor and indoor parking can a tenant be discriminated against not being the owner of the unit from getting a indoor spot after waiting on the appropriate waiting list.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

This depends on the written rules of the HOA (or Common Interest Development), so if the Condo has rules that give homeowners priority over tenants, then yes, this is permissible.

However, if there are no such rules, and tenants have rights based on their landlord (owner's) standing with the Association, then the governing body (usually a Board) cannot make up new rules arbitrarily and deny the tenant a parking space simply because they prefer giving space to those that are owner occupied. (Doing so is termed "arbitrary and capricious" (also known as "selective") enforcement, and the Association can be sued for acting in this way. Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.).

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