Re: Cohousing-L Digest, Vol 206, Issue 18
From: Diana Porter (porterd1334gmail.com)
Date: Fri, 12 Mar 2021 10:26:08 -0800 (PST)
What does your declaration say?  In condo Declarations, everything that is not 
a privately owned unit is a common element.  Common Elements  can be further 
designated as limited common elements or exclusive use elements  (private 
balconies off a unit or parking and storage units, that can only be used by an 
assigned owner, but are maintained by the HOA.

Our Declaration only gives you the right to a covered parking space, not a 
specific parking space.  We are now having some issues as we want to put EV 
charging stations near the entrance from the covered garage to our high-rise, 
but that means moving people from the parking space they have long had.  They 
are trying to finesse that everyone only has to move one space to the right or 
left by reassigned spaces to new owners now just purchasing units to open up 
this possibility of everyone else only moving one space.

Diana Porter


On Mar 12, 2021, at 6:16 AM, cohousing-l-request [at] cohousing.org wrote:

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> Today's Topics:
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>   1. Covered Parking First Right of Refusal (Edwin Simmers)
> 
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> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Thu, 11 Mar 2021 15:49:40 -0800
> From: Edwin Simmers <edwinsimmers [at] bellcoho.com>
> To: Cohousing-L <cohousing-l [at] cohousing.org>
> Cc: Edwin Simmers <edwinsimmers [at] bellcoho.com>
> Subject: [C-L]_ Covered Parking First Right of Refusal
> Message-ID: <1EC83511-3D7F-4DDC-A05C-03FAE2E30E6E [at] bellcoho.com>
> Content-Type: text/plain;     charset=utf-8
> 
> Kelli Soika asks if other cohousings have a mixture of covered and uncovered 
> parking where not every unit has the same garage, covered space or open 
> parking stall. She also asks if there should be a first right of refusal 
> since when an owner leaves someone else may want to upgrade their parking.
> 
> As other have mentioned, it?s important to know if a unit?s parking situation 
> is ?deeded,? that is, legally part of the residential unit and taxed as part 
> by the local real estate property taxing authority. If the parking is legally 
> part of the unit?s deed, it would be expensive and impractical to do anything 
> but transfer the parking as part of the sale when the residence is sold. 
> There are several advantages and some disadvantages to the community as a 
> whole to have deeded parking. But  at least the tax value of carports and 
> garages is clearly apportioned to the accompanying unit at tax time and not 
> to the common elements so that everyone shares the tax burden whether they 
> own covered parking or not.
> 
> The other way of handling parking is for the community to own the parking and 
> rent it out to owners at market rate. This system is certainly more  
> flexible, but comes with the burden of administering it, particularly with 
> decisions like how much to charge and who?s next in line when a space opens 
> up when someone moves out, if that?s what you want.
> 
> One inevitable issue is finding the money for initial construction of covered 
> parking. Money is usually tight at construction time and folks who don?t want 
> a garage may not have the money to help pay for construction of covered 
> parking, even if they rationally know that as part of the common elements of 
> the community the covered parking will generate a future benefit to the whole 
> community from the income generated.
> 
> It may be tempting to ask the prospective owners to ?buy? covered parking 
> when the parking won?t legally be part of their deeded unit. Experience shows 
> this is the worst combination of the two approaches. People who ?buy? 
> something generally think they own it, which to most people means they can do 
> whatever they want for as long as they want.
> 
> If you?re considering parking that is unequally distributed but need to raise 
> construction funds from the people who will use covered parking, be sure to 
> have a clear written agreement where owners agree that they?re not buying or 
> owning anything; what they?re doing is paying rent (or a license to use) in 
> advance for a right to parking for a certain time and that at the end of that 
> time they may no longer be able to ?sell? the use of the covered parking 
> along with the residence. The problem with this approach is that it may well 
> be 8-12 years before the prepaid rent is used up. That leaves owners worried 
> that if they need to sell their unit in the meantime, a prospective buyer 
> won?t want to pay as much for the unit if the covered parking isn?t ?deeded.? 
> Be careful: covered parking becomes more and more valuable as the years after 
> construction proceed and who wants their community to have conflict over the 
> many financial issues involved.
> 
> Good luck!
> 
> Ed Simmers
> 
>> Date: Thu, 11 Mar 2021 10:50:02 -0600
>> From: Kelli Soika <ksoika [at] gmail.com <mailto:ksoika [at] gmail.com>>
>> To: cohousing-l [at] cohousing.org <mailto:cohousing-l [at] cohousing.org>
>> Subject: [C-L]_ Parking
>> 
>> Hello all,
>> 
>> Our community is finalizing our allocation of parking options. We have
>> garages, covered spaces, and surface spaces planned. We're trying to figure
>> out whether we should consider adding a "first-right-of-refusal" to the
>> garages and car ports. If we choose this option, an individual who owns a
>> garage or carport would offer it for sale to the community before selling
>> it as part of their home sale.
>> 
>> If there is a community that does this kind of thing, could you reach out?
>> We asked Katie McCamant if she knew of any off the top of her head and she
>> did not.
>> 
>> Thanks!
>> Kelli Soika
>> *CoHousing Houston*
>> Breaking ground 2021
> 
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> End of Cohousing-L Digest, Vol 206, Issue 18
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