Windsor Gardens Life

May 2021 Page 15 From Rebecca Zazueta, General Manager Over the years there has been confusion about the ownership of parking stalls and what steps need to be taken if an owner wants to “sell” their parking stall to another owner. Parking stalls include assigned above ground surface parking spaces, garages and assigned parking spaces in underground garages. Here are a few parking stall facts you may not be aware of: Parking stalls are not attached to people. Parking stalls are attached to units. All parking stalls were originally common elements. The original declarant assigned many parking stalls by warranty deed as outlined below and subsequently the association acquired the right to assign parking spaces to units that had not previously been assigned. The association’s Declaration defines parking stalls as Limited Common Elements. Parking stalls are not owned by unit owners. Warranty deeds for units typically have an Exhibit A which provides the legal description for the unit as well as an exclusive right to use and occupy one or more parking stalls. If the parking stall(s) were owned, they would be included in the legal description for real property instead of being listed as an exclusive right to use and occupy, which is standard language used for Limited Common Elements. The association assigns parking stalls to units and provides an exclusive right to use and occupy, these spaces as Limited Common Elements. Parking Stall Ownership and Re-assignments Aquit claim deed cannot be used to transfer (aka sell) a parking stall from one owner to another. If an owner wants to sell their exclusive right to use and occupy a parking stall, the association and the owner of the unit to which the parking stall is assigned must initiate the process to reassign the parking stall. This process is dictated by the association’s Declaration as well as CCIOA. Technically, a parking re-assignment is considered a Declaration amendment which only requires approval by the association and the owners who are transferring or acquiring the right to use the parking stall. Re-assignment Process The first step in the re-assignment process is for an owner to advise the administrative office in writing that they want to re-assign their parking space(s) to another Windsor Gardens unit. The written notification must include the following details and supporting documentation: 1. The owner’s name, contact information, address, and the parking lot and stall number to be re-assigned. A copy of the recorded warranty deed for the owner’s unit must be included with the request. 2. The name, contact information, and address of the unit that is acquiring the exclusive right to use the parking stall. A copy of their recorded warranty deed must also be included with the request. 3. A $600 deposit check made out to Windsor Gardens Association to initiate the legal work, which includes the review of the unit ownership and parking stall(s) assignment history and the drafting and recording of the reassignment document. In many cases, the $600 may cover all the expenses incurred to complete the reassignment, but additional billing could apply. If you have a quit claim deed for a parking stall, or the parking stall has moved around from one unit to another, it will require extra work to complete a reassignment. If one of the owners is deceased, but still on the deed, a Supplemental Affidavit and Death Certificate may be required. If the unit is owned by a Trust, a Statement of Authority is required. Once the initial request and information is received, a staff member will be able to discuss the specific circumstances and estimated costs with the parties involved. It is very important to keep in mind that the reassignment process takes time to complete and will require at least two to four weeks. Owners are encouraged to plan ahead and ensure that there is adequate time to manage reassignments especially if it is connected to a closing or plan to sell a unit. In some cases, the research can be extensive and may ultimately delay a closing. W INDOWS & H OME I MPROVEMENTS LANAI ENCLOSURES Free Estimates / References 2021 Energy Star Windows / Patio Doors 40+ years in business Call Larry Summer 303-887-9960 Windowsandhomeimprovements.com lsummer6996@gmail.com Advertisement