When the parking area is a common element, all owners shall have the right to use a parking space with the capacity to accommodate an automobile per occupied apartment owned. No owner may use a parking space that exceeds such capacity, if by so doing another owner is deprived of the effective enjoyment of such common element. If the number of parking spaces with capacity to accommodate an automobile were less than the number of apartments, and there are more apartment owners interested in their use than available parking spaces, there shall be a lottery for said parking spaces among the interested parties for their use for the term designated by the Owners’ Association, in such a manner that access to such spaces is guaranteed for all the interested parties.
By the Apartment Owners’ Association majority agreement, the parking of automobiles may be allowed in common access roads for the enjoyment of all the apartment owners. If the amount of parking spaces is less than the number of apartment owners interested in using them, there shall be a lottery for said parking spaces, as set forth in the foregoing paragraph. The Association shall determine the terms and conditions for participation in the lottery, including the collection of a rate of rental, if it so deems convenient, and may adopt any other method for the best use of this parking area, if by so doing enjoyment of or access to the private spaces is not obstructed.
By agreement of two thirds (2 / 3) of the owners that in turn comprise two thirds (2 / 3) of the participations in the common areas of the structure, additional parking areas may be enabled or built, if by so doing the green areas are not substantially affected, the necessary permits from the pertinent government agencies are obtained, and there is compliance with the conditions set forth in subsections (d) and (e) of § 1293b of this title. Likewise, areas so enabled may be constituted as a common element or as annexes to the apartments by vote, in which case they shall be subject to the provisions set forth in subsection (b) of § 1291i of this title.
History —June 25, 1958, No. 104, p. 243, added as § 14-A on Apr. 5, 2003, No. 103, § 9, eff. 90 days after Apr. 5, 2003.