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[-] Limited Common Element Sale - Jeanine Johnson/FL (3 replies)
3/16/2010 6:10:46 PM (3927 views)
Re: Limited Common Element Sale - Patrick Scott/IL
3/18/2010 11:30:45 PM (4331 views)
Re: Limited Common Element Sale - Ellen Wagner/WI
3/22/2010 10:22:10 AM (4552 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 (4787 views)

[+] Real T Solutions - Any information? - Amy Jensen/OR (3 replies)
3/15/2010 12:56:29 PM (5246 views)

[+] UFIRST REAL ESTATE SERVICES - Laurie Puckett/TN (3 replies)
3/15/2010 12:26:07 PM (5168 views)

[+] U.S. TITLE CORP/KNOXVILLE TN - Laurie Puckett/TN (7 replies)
3/15/2010 12:14:14 PM (4436 views)

[+] E&O - KIMBERLY  FALCONE/PA (3 replies)
3/15/2010 5:12:59 AM (4019 views)




[+] Frank not one to redo Fannie & Freddie - george Hubka/MI (14 replies)
3/14/2010 7:45:24 PM (4060 views)

[+] Unusual Request - Scott Perry/PA (6 replies)
3/13/2010 12:41:21 AM (4271 views)

chase title - jahnel lewis/NY
3/12/2010 5:44:08 PM (3293 views)

[+] D.C. TITLE WORK - CHARLENE  PERRY/MD (2 replies)
3/12/2010 12:16:44 PM (3893 views)

[+] BE AWARE OF KAIMEN ASSOC. - William McAlarney/TN (7 replies)
3/11/2010 9:49:16 PM (4611 views)

[+] Nationwide Real Estate Services Inc. - Elizabeth Helman/PA (4 replies)
3/11/2010 7:48:35 PM (4383 views)

[+] Title abstract remains property of Abstractor - Ellen Maher/MI (4 replies)
3/10/2010 4:12:09 PM (5096 views)

[+] Urban Settlement Services - Diane Brewer/SC (16 replies)
3/10/2010 10:10:13 AM (4752 views)

[+] Title Solutions Inc. - John Sauers/NY (4 replies)
3/9/2010 9:15:09 AM (4579 views)

[+] security search and abstract - CHRISTINE POPISH/PA (9 replies)
3/8/2010 2:32:12 PM (4208 views)


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