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[+] Nationwide Real Estate Services - Saundra  Scott/MD (12 replies)
3/27/2010 3:26:32 PM (4087 views)

[+] Cogent Closing Associates - James Hill/VA (2 replies)
3/26/2010 12:49:42 PM (4497 views)

[+] United States Title Corp - Matt Papsch/MD (12 replies)
3/26/2010 12:42:21 PM (3910 views)

[+] Another Court Search Scenario - Nils Nelson/ME (3 replies)
3/26/2010 12:24:08 PM (3684 views)

[+] E&O and Courts - THURBER & ASSOCIATES INC THURBER/ME (4 replies)
3/26/2010 11:05:23 AM (3630 views)




Direct Settlement - K C/NJ
3/25/2010 10:49:39 PM (3115 views)

[+] Quality Title & Abstact - Leigh Attridge/MA (3 replies)
3/25/2010 3:03:37 PM (3709 views)

[+] COURT SEACH - ABSTRACTOR/MI (16 replies)
3/25/2010 1:18:07 PM (3660 views)

[+] HEALTH CARE - F P/VA (38 replies)
3/24/2010 6:35:49 AM (3618 views)

[+] Robert's Defamation Lawsuit Blog - Nils Nelson/ME (7 replies)
3/22/2010 8:31:25 PM (3869 views)

[+] Healthcare reform and constitutional challenge - Kevin Ahern/CT (39 replies)
3/22/2010 8:24:43 PM (3632 views)

[+] Nice Going Abstractor Watchdog! - Nils Nelson/ME (2 replies)
3/22/2010 3:28:03 PM (4185 views)

[+] Mortgage Satisfaction from Delta Funding aka Delta Fiancial - Pete Kisan/OH (3 replies)
3/20/2010 2:44:32 PM (5552 views)

[+] Wonder where your work went? - Robert Franco/OH (23 replies)
3/17/2010 10:13:47 AM (4809 views)

[-] Limited Common Element Sale - Jeanine Johnson/FL (3 replies)
3/16/2010 6:10:46 PM (3840 views)
Re: Limited Common Element Sale - Patrick Scott/IL
3/18/2010 11:30:45 PM (3998 views)
Re: Limited Common Element Sale - Ellen Wagner/WI
3/22/2010 10:22:10 AM (4239 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 (4489 views)


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