Can my HOA reassign my garage space?

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Can my HOA reassign my garage space?

I live in a condo association with garages. My warranty deed states that I have
‘exclusive right to use garage space 2’ My HOA is instructing my neighbor and
I to trade garages as apparently there was a mixup when the property was first
built. Do I own the specific garage indicated in my warranty deed and is the HOA
allowed to reassign garage spaces?

Asked on March 16, 2018 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If i is in your deed, then the space is yours and they cannot re-assign it: they cannot take property deeed to you away from you. You and your neighbor could voluntarily agree to change this either on a temporary basis (e.g. with a license agreement to use each other's space) or permanently (by amending the deeds), but it would have to be your choice to do this.


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