Can a condo Assoc use my deeded parking space ?

UPDATED: Oct 1, 2022

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Can a condo Assoc use my deeded parking space ?

The pavers have dumped sand in my deeded parking space for weeks. Even
though the condo units have 34 guest parking spaces. The Assoc has not been
quick to respond when I ask them to move sand pile from my deeded parking spot.
What are my rights to my parking space?

Asked on December 27, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, if it is deeded to you, then it is your space; they can no more use it without your permission than they can use your living room to store tools without your consent. You could sue them for a court order requiring them to remove the sand and stop using the space, or else sue for the fair rental value of the space. (For example, say a fair price to rent a parking spot in our area is $300/month or $75/week; you could sue for the value of the usage of your spot at that rate.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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