Park Ridge, IL asked in Gov & Administrative Law for Florida

Q: I own a condo in Florida. Along with my purchase I received 2 deeded parking spots.

Does the BOD have the authority to tell me what I can and cannot park in my spots? Do they have the authority to tow a car out of my deed owned parking spot?

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: You would have to review your deeds and your title insurance policy. The deeds may refer to covenants, etc., giving the BOD authority to regulate the lots. And the title insurance policy may also have exceptions pertaining to such authority.

Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: The BOD can enact reasonable Rules & Regs applicable to the entire complex (but not selectively against you) regarding types of vehicles that are prohibited from parking at the complex. To be legally valid, such Rules & Regs would must be enacted in accordance with all of the notice and agenda technicalities required by law and by the association by-laws. You may request records of the meeting notice and minutes of the meeting in which any such rules were enacted. Regarding towing vehicles out of your own space, a rule allowing the assoc. to do that would be unusual. The usual ramification is only a fine up to $100 for each incident. Maybe you should run your assoc. Rules & Regs and By-laws by an attorney.

Barbara Billiot Stage agrees with this answer

A: Your Declaration of Condominium, Bylaws and any Rules and Regulations adopted by the Board of Directors would be the documents which would authorize the Board to regulate your parking spots and the remedies for violations. You agreed to be bound by the restrictions when you accepted a deed for property within the community. It is very common for condo associations (COAs) to have the authority to tow vehicles. Most COA documents have language requiring the vehicle to be operational with have current auto tags and prohibit commercial vehicles. The COA might also require you to register your vehicle with the office and obtain a sticker to place on your windshield. If you have doubts about the restrictions or the authority of the COA to enforce the restrictions, you should take your documents to an experienced condo lawyer for review.

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