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Updated about 9 years ago on . Most recent reply

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Jennifer North
  • Real Estate Professional
  • Milwaukee, WI
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can HOA board create transferable, permanent lease

Jennifer North
  • Real Estate Professional
  • Milwaukee, WI
Posted

A number of units in out condo building in Wisconsin do not have deeded parking spaces.  Recently a unit owner noticed no one was parking in a space and it was discovered that this one space was never designated or conveyed in the declaration etc, and no deed for any unit in the building lists this parking spot.  He and the board president are friends so the board crafted a transferable lease for that spot to that particular owner.  When he sells, it tranfers to the new owner.  He is selling of course, and this move has added several thousand dollars of worth to his property.

I see this parking spot as a common element-part of the property but deeded to no particular unit, so not a limited common element.  I need to know if a board in wisconsin can create a transferable lease for a common element?

thanks!

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