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Although a rule regarding parking spaces has always existed In rules & regulations not by-laws, my co-op has never enforced this rule.
Now a new board has decided to put this rule back into effect because there are many new shareholders that were promised parking spaces. Therefore unless a vehicle is registered in the shareholders name, they are no longer entitled to a parking space.
It seems unfair to take parking spaces away from long time shareholders especially since the co-op was aware that some shareholders did not have vehicles in their name.
I read an article on your site regarding " WAIVER AND SELECTIVE ENFORCEMENT". If I understand this article correctly it states that if a rule has not been enforced for a long period of time it is null and void.
Is this correct?
Thanks for the input Steve. Doesn’t the Business Judgment Rule state that the B.O.D. are acting in good faith and making reasonable decisions?
How is it reasonable to take a parking spot away from long time shareholders who are still using the parking space that was never registered in their name, away from them to give to a new cooperative?
It’s not as if the senior cooperative is not paying or paying a lesser monthly charge for the spot.
Are you subletting the space? You say that the rule says the car must be registered in the shareholders name. Is this your car - do you own it?
Yes, we are all owners. Subletting is not allowed..
The car is not in my name. It is in a family members name. It has been that way for the past 10 years.
Sorry. You are renting to a non-resident.
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Instead of going the legal route, I'd like to suggest an alternative approach. Write a letter to the board explaining why the vehicle is not registered in your name, that you are the primary user of the vehicle, and that you agree to accept full responsibility for any damage caused by the vehicle. Ask if there are any other terms and conditions the board would want.
I can see very valid reasons why the board would want to enforce this rule. If you decide to challenge the rule based on "waiver" and "selective enforcement", be aware that you will face a very uphill battle with the Business Judgment Rule.
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