Understanding Garage Space Agreements in a Bronx Co-op

Q: Navigating Garage Space Agreements in a Bronx Co-op

The garage in my Bronx co-op building is highly sought after, as there are significantly fewer parking spaces than there are apartments. Having lived in the building for 19 years, I was fortunate enough to secure my parking spot 10 years ago. Recently, however, the shareholders with garage spaces received an 18-page lease agreement to sign from our new management company. This new agreement was presented without any explanation or context. While most of the terms appear reasonable, there’s one concerning provision: it grants the building the authority to revoke a shareholder’s parking spot for any reason, or even for no reason at all. This seems utterly outrageous! Is this legal? What steps can we take?

A: Before taking any action, hold off on signing the new agreement. The first step is to review the existing governing documents of your building to understand your rights regarding garage spaces. Examine the co-op’s proprietary lease, offering plan, bylaws, and any prior parking agreements that may have existed before this new lease was introduced. These documents should clarify the procedure for acquiring and retaining a garage space. You possess rights under these agreements, and the co-op cannot unilaterally alter the terms midway through the contract.

However, if the governing documents do not delineate explicit parking rights, you may find yourself in a more complex situation. According to Catharine Grad, a tenant lawyer based in Manhattan, “It’s not uncommon for a co-op to categorize parking agreements as a license rather than a lease, which could allow for termination at will.” Unlike rent-stabilized tenants, co-op shareholders do not enjoy similar protections concerning parking spaces.

In the event that the existing agreement is indeed classified as a license, the management of your building might possess the authority to replace it. This would only be permissible if the co-op board had formally approved this change through a resolution and if the bylaws permit the board to enact such decisions without requiring a vote from the shareholders.

While you didn’t mention the availability of accessible parking spaces, it’s crucial to note that there are laws mandating that managers of multifamily housing provide these spaces for individuals with physical disabilities.

Be sure to scrutinize the new agreement to determine if the management company has overstepped its authority or if the co-op board has improperly delegated any of its powers to the management company. As Adam Leitman Bailey, a real estate attorney in Manhattan, points out, “If so, there may be grounds to contest the management’s right to act without proper authorization from the co-op shareholders as a collective.”

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