Interference with use of garage
QUESTION: I own my condominium, I own garage space, I pay condo fees on my garage space and condo. There is a half wall next to my space. The cleaning people hang the elevator rugs over this wall, wet and or dry, and half of the rugs invade my space. If these rugs are folded in half, I find it difficult to get a passenger into my car. Is this my space from floor to ceiling? I have asked them to stop this practice, but management is balking? What should I do???
ANSWER: The first question you must answer is whether or not you have exclusive use over the space into which the rugs are hung. You should be able to answer this question by a careful review of your deed, as well as the Condominium Declaration governing your development. In the Declaration, you should find definitions telling you what constitutes the Unit (property you own and to which you have exclusive use), the Limited Common Elements (property reserved for the exclusive use of one or more, but less than all, Owners), and the general Common Elements (which is everything else, and generally speaking is property owned by the Association and as to which all Owners have the right to use).
You should carefully review these documents, concentrating on the definitions that apply to garage space. It seems to me that the more important aspect of the definition is not to determine if this is your space "from floor to ceiling," as you state; rather, you need to determine the parametrical boundaries of your space, that is: How far over to the half-wall does your space run? If it runs to the interior surface of the half-wall, then it would seem your space is being invaded by the practice you've described.
Often, garage spaces are defined as Limited Common Elements and are assigned for the use of a particular Owner, rather than being property actually deeded as part of the Unit. Whether the space is part of your Unit or part of the Limited Common Element assigned solely to you, however, you would have the exclusive right to its use. In either of these cases, you have enforceable rights. In the event that you are unable to obtain the cooperation of the management company or the cleaning service informally, it may be necessary for you to hire legal counsel.