Q: Sue if a condo association mislead me into thinking my building has unit parking when it really has common element?
I moved into my Chicago condo about a year ago and was told parking was not included. Building management advised I would have to rent one from another tenant or wait until one became available on the market. I figured something would eventually become available because there is an excess of parking spaces to condo units.
8 months later a parking space came on the market. My offer was accepted and during my attorney's review, advised the parking spaces were limited common element and could not be sold individually. The parking spaces in my building were incorrectly assigned PINs, my parking space went up for a tax sale, which is how I got to where I am today.
-One unit is my building (owned by a board member) is assigned 4 parking spaces per the last amendment
-At least one (probably 2) of the four spaces owned by the tenant above have unpaid association fees.
I brought this matter to my Board's attention and crickets. Do I have legal recourse?
A:
Your question is a bit unclear, so did you purchase the parking space and later find out it could not be sold individually, or did you find that fact out prior to the completion of the sale?
Generally speaking, the association's liability depends on what representations were made by the association that misled you into thinking your parking space could be sold individually. The attorney who represented you in the sale is in the best position to answer this questions. If your attorney is not certain or if you are no longer in contact with him or her, consider consulting another attorney in Chicago to review the contract, declarations and bylaws, and determine with certainty whether or not you have legal recourse.
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