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[+] Healthcare reform and constitutional challenge - Kevin Ahern/CT (39 replies)
3/22/2010 8:24:43 PM (3641 views)

[+] Nice Going Abstractor Watchdog! - Nils Nelson/ME (2 replies)
3/22/2010 3:28:03 PM (4195 views)

[+] Mortgage Satisfaction from Delta Funding aka Delta Fiancial - Pete Kisan/OH (3 replies)
3/20/2010 2:44:32 PM (5563 views)

[+] Wonder where your work went? - Robert Franco/OH (23 replies)
3/17/2010 10:13:47 AM (4825 views)

[-] Limited Common Element Sale - Jeanine Johnson/FL (3 replies)
3/16/2010 6:10:46 PM (3854 views)
Re: Limited Common Element Sale - Patrick Scott/IL
3/18/2010 11:30:45 PM (4057 views)
Re: Limited Common Element Sale - Ellen Wagner/WI
3/22/2010 10:22:10 AM (4301 views)

The answer to whether a unit owner has the right to transfer the right to use a garage space as a limited common element will definitely have to be answered by reference to the condominium declaration and/or the association bylaws.  We do this all the time for two reasons.  First, it gives the unit owners flexibility as to how many parking spaces are "reserved" for the exclusive use of a particular unit.  Second, as the value of the use of the limited common elements are usually included with the value of the unit itself, it eliminates having a separate parking space unit with its own tax parcel number (this has been a big problem as the counties in Wisconsin do not index these units separately and it becomes very difficult to search them).

If the declaration and/or bylaws do permit a unit owner to transfer one or more of its parking spaces, it would be very unusual for that transfer to occur by deed -- remember what is being transferred here is the right to the exclusive use of the space, and not the ownership.  Ownership of the common elements is held by all of the unit owners together in an undivided proportional inteterest.

Most often the use rights are transferred by a bill of sale, with notice to the association.  There may also be some approval requirements, maybe a right of first refusal in the association, association fees for the transfer, and other restrictions or obligations.

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Re: Limited Common Element Sale - Bill McCorkle/OR
3/22/2010 12:40:53 PM (4557 views)




[+] Real T Solutions - Any information? - Amy Jensen/OR (3 replies)
3/15/2010 12:56:29 PM (5163 views)

[+] UFIRST REAL ESTATE SERVICES - Laurie Puckett/TN (3 replies)
3/15/2010 12:26:07 PM (5085 views)

[+] U.S. TITLE CORP/KNOXVILLE TN - Laurie Puckett/TN (7 replies)
3/15/2010 12:14:14 PM (4351 views)

[+] E&O - KIMBERLY  FALCONE/PA (3 replies)
3/15/2010 5:12:59 AM (3940 views)

[+] Frank not one to redo Fannie & Freddie - george Hubka/MI (14 replies)
3/14/2010 7:45:24 PM (3981 views)

[+] Unusual Request - Scott Perry/PA (6 replies)
3/13/2010 12:41:21 AM (4184 views)

chase title - jahnel lewis/NY
3/12/2010 5:44:08 PM (3236 views)

[+] D.C. TITLE WORK - CHARLENE  PERRY/MD (2 replies)
3/12/2010 12:16:44 PM (3803 views)

[+] BE AWARE OF KAIMEN ASSOC. - William McAlarney/TN (7 replies)
3/11/2010 9:49:16 PM (4534 views)

[+] Nationwide Real Estate Services Inc. - Elizabeth Helman/PA (4 replies)
3/11/2010 7:48:35 PM (4311 views)


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