Tenants in a condominium who have been granted parking rights by parking multipliers demanded that the maintenance costs of the multipliers will fall on all tenants.
The Court denied the motion and held that the multipliers are not part of the common property in the condominium. In condominiums there are only two types of areas, an area classified as an apartment or part of it and a common area which definition is residual and includes areas that are intended to be used by all, or most apartment owners, and all apartment owners have been given the right, or permission, or right of use. To the extent that a particular area or service is a common area, costs or maintenance expenses and operation of that area or service will apply to all occupants of the condominium, unless the areas or services are expressly excluded from the common property, in an appendix, spec sheet or document other than the apartment sale agreement. Here, while most occupants use multipliers, the specification attached to the apartments sale agreements explicitly excluded the parking multipliers from the common property and therefore the cost of maintenance and operation of the multipliers does not apply to all occupants of the condominium.