Situation: Condo association of 4 units used to own property that included a small (60ft) road with room for 3 guest parking spaces along the edge that led to the parking spots situated between 2 buildings. It is the only access to these 4 parking spaces. When the property was updated, the space was sold to the neighboring lot which belongs to a utility company and on which sits a fenced in 10ft x 10ft area containing machinery. The association was then made to pay a monthly rent of $200 to the utility company to use the space for guest parking. We also currently insure and maintain the area (snow removal, etc.)
The association has now voted that we are not in need of guest parking and would prefer to save the monthly fee. When we notified the utility that we no longer wanted to rent the spaces, they informed us that they would likely fence off the area, which would, in fact, fence off the entire road running alongside the units and thereby fence off our access to our true parking spaces.
Is the utility company legally allowed to fence off this area which is serving as an access road to the parking spots?
We have even offered to maintain the property and keep it in our insurance if they will remove the monthly fee. They did not seem interested in this offer.
We don't know if we have no other option but to continue to pay the fee so as to access our true parking spots, or if the utility would be within their legal rights to fence off the area since it is, in fact an access road?
Your advice is greatly appreciated!
The association has now voted that we are not in need of guest parking and would prefer to save the monthly fee. When we notified the utility that we no longer wanted to rent the spaces, they informed us that they would likely fence off the area, which would, in fact, fence off the entire road running alongside the units and thereby fence off our access to our true parking spaces.
Is the utility company legally allowed to fence off this area which is serving as an access road to the parking spots?
We have even offered to maintain the property and keep it in our insurance if they will remove the monthly fee. They did not seem interested in this offer.
We don't know if we have no other option but to continue to pay the fee so as to access our true parking spots, or if the utility would be within their legal rights to fence off the area since it is, in fact an access road?
Your advice is greatly appreciated!
