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We have a small parking garage and our waiting list for these coveted spots goes back to 1995. The next person up for a spot now lives in another state for most of the year but continues to pay maintenance on her apartment here. The battle is on amongst the directors: does she get offered the spot, or is she not a "resident" any more.
How is a "resident" defined?
Our parking rules don't address this. I'd appreciate any pointers.
Thank you, Mark, for all of your good suggestions. The board thought we had everything covered in our parking rules, but once in a while new circumstances arise and we have to amend them. The trick is to amend them before it happens.
As you say, the establishment of proof of her primary residence might be difficult in case she still has her NYS material. Checking with our attorney to make sure we're "legal" is a good idea. I'll keep you posted.
My sister owns a coop in Queens NY and is handicapped. She has been denied a handicapped parking spot as she has another residence in Florida and has Florida plates. Most of her time is spent in NY Is this legal?
I would have to argue that regardless of where a shareholder is domiciled, a parking spot can add considerable value to a Co-op or Condo unit, so every shareholder must be treated equally as long as they are in good standing (maintenance paid on time and no infractions of the lease or house rules). If the snowbird fulfills these requirements, then she/he is entitled to acquire the spot when their time comes.
This being said, I also feel that if a shareholder does not physically occupy a garage parking spot for a defined period of time without good cause, that the board be given the power to allow the next person on the list to use the spot until the owner either decides to use it for themselves or gives it up. This would be considered a courtesy to the person being allowed to use the spot in the absence of the owner, so no rights are being conferred or revoked. The board would have to work out the details of the arrangement, but it maintains the value of the existing owner while providing a benefit to the person actually making use of the spot.
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I manage a building in Forest Hills that is roughly 40% sponsor owned and the remaining 60% consists of Shareholders and sublets. They also have a waiting list for the garage that is pretty lengthy, so when this came up in discussion with the Board of Directors, the decision was made to amend the availability and wait list of parking spots to Shareholders who live there only and no longer to tenants (of Shareholders of of the Sponsor). Of course, those tenants who already had spots in the garage were grandfathered in, and any rent stabilized tenants were keeping their spots as well.
The Board can amend the waiting list rules as part of the House Rules to include only primary residence residents access to the garage. You can also include in this that all renters of the garage show proof of a NYS drivers license, insurance, registration, etc.
If they are living out of state and have another license this will be easy, although it sounds as though that even though they are there most of the time, they will be able to show "proof" that this is still their primary residence. Although my options are pretty sound, I would suggest a quick call to your building's attorney just to make sure that you're not disregarding the Offering Plan or bylaws of the Cooperative.
If you need any more info, please shoot me an e-mail!
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