Jan.13 ,2014 construction work started on our condo building . The work required by the city of Chicago
has been pending for 1 year. Mngmnt. made no arrangement for alternate parking. They demand I vacate my own (purchased with condo) space every day by 8:00 A.M. threaten to tow my car if I do not.
I work nights, past midnight or 1 o r 2. A,M,go to school during mid day. Getting up that early, finding a parking space in my permit only neighborhood , possibly finding my car buried if a snow plow came by is a hardship. Health issues prevent me from such heavy shoveling. Does management have a right to do this ? What recourse do I have?
I suggested construction workers unload the equipment, park elsewhere. Management claims they can't.
I would have to check your condominium agreement, but I doubt whether management of the condominium building is entitled to either pick to you from parking. As I'm sure you would guess, a lot depends on the wording of your agreement and whether the spot is something you pay for or as part of your unit. Review the agreement, and look for provisions regarding "emergency" circumstances or something similar. If you need the help of an attorney, use the find a lawyer" button on Avvo.
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Real Estate Attorney
You might want to review any covenants which may be associated with the parking space. It would seem unlikely that the management would be able to take your space without compensation or making other arrangements, especially for such a purpose and for such a length of time. However, without knowing the restrictions under which you purchased the lot, it is difficult to say.
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Estate Planning Attorney
The covenants and restrictions you accepted at purchase control your rights and usage to a reasonable extent. That document is key to your rights and your quiet enjoyment of the property. The first step is to get that document and have it reviewed by qualified local real estate counsel so you know if it allows their conduct or protects you from it. When you have that answer you can amicably approach the HOA and let them know that they are in violation and that you need some reasonable accommodation given your health the weather and etc. If that fails I'd have counsel contact them on your behalf. Keep it friendly as long as humanly possible, picking fights with people you are stuck in close quarters with and who can make your life difficult going forward is a bad idea. Keep immaculate records, commi9ncate in writing and take notes in case it leads to litigation. Look for a lawyer with HJOA and CONDO experience in their resume.
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