Who Assigns Parking Spots and Garages in an HOA Community? (real estate, condo)

mricu · 12-09-2011, 06:14 AM

Just purchased a condo in a gated community which has an HOA. Here's the background:

- The original MLS listing showed the unit came with an assigned covered parking spot and a garage located in a separate structure on the property. Only 18 garages for 88 units.

- During the negotiations, the property went to auction and the original listing agent was no longer responsible.

- I purchased at pre-auction from the bank.

- After getting the keys, I was told a new management company recently took over the HOA's management duties.

- We asked for my assigned parking and garage numbers. HOA only had information on my assigned covered parking. They said they didn't know how the garages are assigned. They asked the HOA president, and the president also didn't know.

- We called the previous HOA management, and of course they said they don't manage the property so they don't know how they would be assigned.

- CC&Rs and all other documentation doesn't mention how the garages are assigned, but says how you may use or not use the garages.

- Contacted original listing agent ... no calls/emails were returned.

When I say we, it was a team effort with myself and mostly my agent trying to get the information.

Sooo ... any ideas on what to do next or who would officially know how each garage in a HOA given community is assigned? The next thing to do is try to stalk people going in and out of their garages and ask them ... which would be tough as I'm not in town and I don't want to really ask my agent to spend X number of hours for servaillance when they can be be spending time with other clients.

Everdeen · 12-09-2011, 06:49 AM

I would think that if a garage is included, it would be specifically noted in the contract of sale. At least, for a friend of mine it was.

ScoopLV · 12-09-2011, 07:35 AM

Agreed -- re-read your contract. If the garage isn't in the contract, you don't have a garage.

The listing agent is still responsible for the way the listing was written. If you think fraud was involved (or padding the listing, which is still fraud), contact the Nevada Real Estate Division. They cannot give you legal advice. So you may want to consult a good real estate attorney as well.

NU2LV · 12-09-2011, 07:41 AM

Did you try looking at the prior legal descriptions on the assessors page to see if was listed. I would think that a garage would belong to a unit and not common area as well don't the parking spaces belong to a unit?

mricu · 12-09-2011, 07:47 AM

Quote:

Originally Posted by NU2LV

Did you try looking at the prior legal descriptions on the assessors page to see if was listed. I would think that a garage would belong to a unit and not common area as well don't the parking spaces belong to a unit?

Nothing in the contract about the garage or the assigned parking spot ... but I do have an assigned parking spot. I figure the HOA would know who owns which garage as well.

Can you point me to the exact website on the assessor's website where I can find the info? I've looked at the property and assessors parcel maps and there is no notation on which units own a garage in the community.

trekwars2000 · 12-09-2011, 11:45 AM

At my parents condo they have a covered spot and a garage. This shows up as two transactions on the assessors office. Showing both the condo and then a separate parcel for the garage.

Looking over their closing paperwork it specifically says they have a parcel that is the condo and the garage.

repru · 12-09-2011, 01:28 PM

The standard way is that the garage is a separate parcel. So you should have a deed for the garage. They generally change hands with the condo but I don't know any reason they have to. Check it out on the assessors site. Someone owns them.

Go to ...

GISMO

Locate your place and the garages. Double click the garages. Then open the assessor link. You will see how they are owned.