Legal Question in Real Estate Law in Virginia

Condo Parking Space Assignment Controversy

On the current board, some want to assign parking spaces, others want flexibility in where owners can park. My deed says I have the right to one parking spot, but it doesn�t say which one. The Public Offering Statement says �Parking spaces shall be assigned as Limited Common Elements to Units by the Declarant. Reassignments will be made by the Board of Directors.� A previous Declarant-controlled board decided to assign spaces based on settlement date and to use signs and permits if necessary. They failed to follow through on that decision. Now we have a board member who claims that the decisions made by the Declarant-controled board are not legal and binding under the Code of Virginia, and that the declaration of parking spaces as Limited Common Elements means that that spaces are common elements and can and should be shared and not exclusively assigned. I think this board member is wrong on both points. I feel that the current board has an obligation to fulfill the intent of the previous board�s decision unless that decision is rescinded by a vote of the current board, and that the spaces should be assigned. Who is right? And are there other ways to fulfill the intent of parking spaces as Limited Common Elements?


Asked on 2/22/01, 11:32 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Condo Parking Space Assignment Controversy

Limited common element designation does not preclude assignment; in fact, it is probably more consistent with the idea that spaces will be assigned. But the board may have discretion. It depends on the documents. The board should have a lawyer review the documents and advise it on what it may and may not do.

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Answered on 4/05/01, 9:24 am


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