Have a 1995 toyota pick up that a bit beaten up. 6 mouths ago the garage was flooded from a storm. Because of that it now does not work. I was going to get rid of it, when I got the idea to use it for storage.I canceled the insurance and sent the license back to the state. My family owns the condo we live in . The parking space is my assigned space . Now I got a letter from the association telling me that I have to get it out or they will do it and send me the bill.The rules and regulations only say "A improperly parked vehicles may be towed. Nothing about the condition of the vehicle or whats in it. Can they do this?
The answer to your question depends on the wording for your Declaration of Condominium and the rules and regulations adopted by the condo board of directors. Rather than seeking advice from an online forum, you should consult an experienced real estate lawyer in your area who can review these documents and give you advice on how to proceed.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
The answer will be found in the association documents, probably the declaration of condominium or bylaws and rules. Tell the condominium association to provide you with the specific section which they feel authorizes them to take such action. If they refuse to do so then you will have to retain a lawyer to obtain the information for you or you will have to review all the documents to determine if such authority exists.
You state that you are parked in your "assigned" parking spot. Is it part of your unit? Is the garage you speak of attached to just your unit and completely enclosed space? It would appear from your statements that this "garage" is open to all owners of the condos (otherwise, how would they even know the truck is there?) If it is, and the vehicle is not running or licensed or insured, the answer to that is probably "yes". Additionally, most condo regulations have rules about not being able to work on cars, or store inoperable vehicles for any length of time. As mentioned by my colleagues "get an attorney". Without having more to go on, we are not in a position to advise. Easiest thing to avoid the expense to you and the condo (attorney's fees and costs are RARELY recoverable in these types of cases!) is - get rid of the truck. Problem solved.
Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact an attorney for legal advice concerning your matter.
No attorney worth his salt will answer your question without seeing the rules and regs. Condo rules may prohibit derelict or unregistered vehicles. The Department of Land Sales & Condominiums in Tallahassee has an ombudsman that can mediate disputes.
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