Condo Rules

Question

David asked: I live in a high-rise condo of 112 apts. The condo docs say “bicycles may be stored in units or other specially designated areas” there is a bicycle rack outside open to weather. I have an indoor parking space and several times a week, I leave the bicycle in my parking space when unloading shopping items. I have no car so the space is empty. Recently, I received a fine for this action. Does the condo have justification? I told the fining committee that I store the bike in the bike rack as the document requires but “park” for short periods in the parking space (non secure). Am I right to say parking is different than storage? Does the condo have to provide some type of covered parking as my bicycle has rusted badly when outside.

Answer

Condos are private organizations and, within the limits of the laws,  can write their own rules.  The statutes do not give a definition of parking or storage that might be helpful.

Please see these posts on the subject.

http://flbikelaw.org/2013/08/condo-rules/

http://flbikelaw.org/2012/01/bicycle-storage/

You might want to check is the wording of your condo rules for parking. If the documents refer to parking a “vehicle” in the parking spaces, you may be able to use the statutory definition to justify parking your bicycle, since a bicycle is a vehicle.

s. 316.003 – Definitions

(2) Bicycle – Every vehicle propelled solely by human power …. upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.

The quote you provide says what you may do.  It does not say what you are prohibited from doing.  What is the basis for the fine?  Is there other wording in the condo rules that says you are prohibited from using your parking space for parking a bicycle?

You may also want to challenge the purpose of a prohibition on parking a bicycle in your space since you are paying for the use of the space. There is state legislation about condo rules that may help your case, but that is beyond the scope of this site. An attorney involved with condo law may be able to help.

You may want to become active in your board meetings and elections and try to get more reasonable board members to support your cause.