Illinois Court Rules Condo Parking Space Not a Limited Common Element
Parking disputes can be an issue for community associations. Unit owners may believe that long-standing practices, informal arrangements, or even representations made at the time of purchase give them certain parking rights. In 334 Barry In Town Homes, Inc. v. Farago, 205 Ill. App. 3d 846, 563 N.E.2d 856 (1st Dist. 1990), the Illinois Appellate Court held that condominium declarations determine parking rights. This blog article will discuss the court’s decision in 334 Barry In Town Homes and will provide takeaways for community associations to address parking rights in their associations.
Background of the Illinois Condominium Parking Dispute
The dispute arose in a small Chicago condominium consisting of six units with an underground garage. Each unit was assigned one parking space. Beneath the building, the garage consisted of individual parking bays, accessed via a shared driveway.
The unit owners at issue had been using an area behind and adjacent to their designated parking space, technically part of the garage driveway, as additional parking or storage. This use continued for approximately 12 years. Other unit owners complained that this practice interfered with access to the garage and parking bays.
The condominium association demanded that the unit owners stop using the additional space, asserting that the area was a common element under the declaration. When the unit owners refused, the association filed suit seeking declaratory and injunctive relief, as well as attorney’s fees under the declaration.
The trial court granted summary judgment in favor of the association, permanently enjoining the unit owners from using the adjacent area and awarding attorney’s fees. The unit owners appealed.
Illinois Appellate Court’s Analysis of Condominium Parking Rights
The appellate court focused solely on the language of the condominium declaration. Because the material facts were undisputed, the court’s task was limited to interpreting the governing documents.
The condominium declaration defined:
- Common elements to include driveways and common parking areas;
- Limited common elements as portions of the common elements designated for the exclusive use of one or more units; and
- Parking spaces as part of the unit itself, limited to parking a single automobile.
Critically, the condominium declaration did not designate any portion of the driveway or garage access area as a limited common element.
The unit owners argued that the adjacent space should be treated as a limited common element because it was contiguous to and functionally served their unit. The court rejected this argument, explaining that allowing exclusive use of driveway areas would defeat the purpose of shared access. Given that the garage had a single point of entry and exit, granting exclusive rights over portions of the driveway would make it impossible for other owners to access their parking spaces without encroaching on those rights.
The court also dismissed two additional arguments:
- Longstanding Use
The unit owners’ claim that they had used the space for 12 years carried no legal weight. The court noted that the unit owners did not assert adverse possession, and in any event, use alone does not alter the condominium declaration. - Sales Contract Representations
Although the real estate contract referenced two parking spaces, the agreement was expressly subject to the condominium declaration. Accordingly, the condominium declaration controlled.
Finally, the court upheld the award of attorney’s fees, finding that the condominium’s declaration’s fee-shifting provision applied to actions brought to enforce compliance, even where declaratory relief was necessary to determine rights under the documents.
Key Takeaways for Illinois Community Associations
This decision offers several important lessons for Illinois community associations.
- Declarations will control parking rights
The court’s decision emphasizes that a community association’s declaration determines unit owners’ parking rights. The court rejected the defendant’s argument that their use of the area as a parking space for numerous years granted them the right to continual use. When determining parking rights, community associations must look to their declaration.
- Limited common elements must be expressly defined in the declaration
For an area to be a limited common element, it must be explicitly designated as such in the declaration. The defendant attempted to argue that the area adjacent to the driveway was a limited common element. However, the court rejected this argument because the declaration did not explicitly provide that this area was a limited common element.
- Real estate contracts do not trump condominium documents
Purchase contracts and marketing statements are subordinate to recorded condominium documents. The defendants argued that the real estate sales contract they received at closing indicated that two parking spaces were included with the purchase. However, the court noted that the real estate contract was made subject to the declaration’s terms and conditions. As such, the declaration was the controlling document that set forth parking rights.
- Attorney’s fees are recoverable when authorized by the declaration
In 334 Barry In Town, the declaration provided that the association could recover attorney’s fees in connection with actions to enforce the governing documents in the event of a breach. The court found this to be an enforceable provision which clearly contemplates the recovery of attorney’s fees. Community associations should confirm that their governing documents permit the recovery of attorney’s fees for enforcement actions against a unit owner who breaches them.
Conclusion
The court’s decision in 334 Barry In Town Homes, Inc. v. Farago emphasizes that a community association’s declaration will determine parking rights. Community associations should review their declarations with legal counsel to confirm how parking rights are established. If the declaration contains any ambiguities, associations should consult with counsel to determine how best to amend their declaration. Lastly, community associations should avoid permitting owners to use areas informally for parking, storage, or other reasons. Doing so could establish an unbreakable precedent and could even lead to claims of adverse possession. Associations should follow the language set forth in their declarations and should proactively consult legal counsel if any issues arise.
If your community association is facing a parking rights issue, please contact the attorneys at Hirzel Law, PLC. Our attorneys have experience counseling community associations on how to address and resolve parking rights issues.
