deeded parking spots at condo (sales, real estate, HOA)

[peter0ck]

I am purchasing a condo that has 2 deeded parking spots. We are already under contract, but I realized that the 2 deeded parking spots were not on the sales contract under "Personal Property and Fixtures". Everything else was listed as installed or offered, such as ceiling fan, washer/dryer, garage opener, etc. Now I am a bit worried that these 2 deeded parking spots are not included in this list and maybe the seller might sell one or both parking spots before the close date. The only reason we know the 2 parking spots are deeded is because our realtor learned this from the listing agent. The real estate listing states that there are 2 parking spots included. Should I be concerned? And what should I do to make sure I get those spots?

[HokieFan]

It could be that the parking spots are part of the deed along with the condo and it does not need to be itemized on the sales contract.

In your best interest, you should ask your realtor or real estate attorney or even the title company handling the closing how best to handle this. (i.e. someone who knows for certain instead of those of us just guessing, like myself)

[khuntrevor]

Hokie is correct. It is best when they are in the original deed from construction, and not up to the hoa to assign. Just check the MLS and see if people are selling them or check the bulletin board.......
I think your clear--but never assume. Legit question for sure.

[khuntrevor]

I think the assessor data would answer that question, also.

[peter0ck]

thanks for the help!

[khuntrevor]

check out the oil stains, too.

[IC_deLight]

Originally Posted by peter0ck

I am purchasing a condo that has 2 deeded parking spots. We are already under contract, but I realized that the 2 deeded parking spots were not on the sales contract under "Personal Property and Fixtures". Everything else was listed as installed or offered, such as ceiling fan, washer/dryer, garage opener, etc. Now I am a bit worried that these 2 deeded parking spots are not included in this list and maybe the seller might sell one or both parking spots before the close date. The only reason we know the 2 parking spots are deeded is because our realtor learned this from the listing agent. The real estate listing states that there are 2 parking spots included. Should I be concerned? And what should I do to make sure I get those spots?

The listing is not the sales contract - and the seller cannot sell what he/she does not own.

1. Parking lots are not personal property.
2. Parking lots might be common area - under the control of the condo corporation and not the homeowners
3. Alternatively, there might be lots that are common areas of "limited exclusive use" specifically tied to that condo, you need to check that out.
4. If #2 applies, you might get two parking spaces alright - distributed anywhere in the parking area. Depending upon the nature of the interest in the lots, the condo corporation might not have any authority to assign specific parking lots for your use. Case law in Virginia has held that condo corporations do not have authority to license specific parking lots from the general common area to individual unit owners.
5. Don't take anything for granted. The problem with HOA and condo-burdened property is that the legal entanglement is hard to see.

[ReblTeen84]

If it's anything like the HOA with my townhouse, they're the ones that assign parking spaces...every house has two. And god forbid you park in someone elses spot...we're very protective because theres very little vistor parking - they have to park out on the street. Our HOA has a contract for towing if someone is in your spot and decides they don't want to move their car.

[LetsRock]

Many condos DO NOT include parking. You have to purchase spaces separately and they do not convey when you sell. These spaces orginally cost the owner $30K + each.