Can our association board designate unassigned parking as guest parking only?
I recently heard from a co-owner whose association has several extra parking spaces which the co-owners have been using. The condominium association board of directors has adopted a rule stating that these unassigned parking spaces are for guest parking only. The co-owner wondered if the board could adopt such a rule that eliminates owner’s use of these extra parking spaces.
What the board has to be concerned about in this case is that the rules and regulations are consistent with the Master Deed and Condominium Bylaws. Because the co-owners have easement rights to parking areas designated for vehicle use, a more reasonable rule would be for the Board to designate the area for residents and guests unless there is a specific provision in the bylaws authorizing the Board to make this guest parking. If the future use results in a shortage of owner or guest parking, the directors can modify the rule under its authority to administer the condominium documents. The Board is best advised to get a legal opinion from counsel.