Q&A: Parking Lot Garage Sale Denied

Q. I live in a five-story condominium with 24 units, 24 designated parking spots, and 6 undesignated spots. ‘Designated’ means that only the 24 people with parking tags can park in any one of the 24 designated spots (but the spots are not individually assigned). Anyone can park in the undesignated spots. I have lived at this condo for 20 years. Twice before, I have held a garage sale in one of the designated spots, during which time I have parked my car in an undesignated spot.

Recently, I informed the board that I was going to hold a garage sale and was simply giving them the heads-up about it. Previously, no notice was given to the board to hold garage sales—I was just being courteous, and was not expecting any reply.

But I did get a reply, stating that they got my “request” and that my request to hold a garage sale was denied. The board cited “problems” with a prior garage sale (without providing any details about those alleged problems) and pretended not to have even been aware that I had previously held two garage sales—which, if true, provides further evidence that the garage sales I previously held inconvenienced no one to the extent that the board didn’t even notice that they happened. Can I still hold my sale? 

                               —Am I Right or Wrong?

A. “The parking spaces are common elements intended for the parking of motor vehicles,” says Richard D. DeBoest II, Esq., a partner and shareholder at the Fort Myers law firm Goede, Adamczyk, DeBoest & Cross, PLLC. “The common elements are to be used for the purpose intended. Therefore, in my opinion, while you have been holding garage sales in the parking space over the years, the board would have the authority to no longer allow this type of use.” 

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