Florida Statute § 718.103 · § 718.106
Parking spaces in Florida condos fall into two very different legal categories — and most owners don't know which they have.
Under Florida condo law, a parking space is either a deeded part of your unit — meaning you own it outright as real property — or it is a limited common element that has been assigned to your unit by the association. The distinction determines your rights to use it, whether you can sell or rent it separately, and what the association can do with it.
Read Florida Statute § 718.106 →
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Deeded Parking Space — You Own It
- The parking space is described in your deed and on your title
- It is legally part of your unit — real property you own
- You can potentially sell or rent it separately from your unit (if documents allow)
- The HOA cannot reassign it to another owner without your consent
- It appears on your property tax bill
- It transfers automatically when you sell your unit
- Typically found in newer or higher-end condo buildings
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Assigned Parking Space — You Have a License to Use It
- The parking space is a limited common element assigned to your unit by the association
- You do not own it — the association owns it on behalf of all owners
- The HOA can reassign it — though this is rare and usually requires governing document authority
- You generally cannot sell or rent it separately from your unit
- It is not on your deed or property tax bill separately
- Very common in older Florida condo buildings
- Your right to use it exists as long as your assignment stands
The shock moment: Many Florida condo owners — particularly in older Pinellas County buildings — have spent years assuming they own their parking space, only to discover during a sale, dispute, or renovation that it is an assigned limited common element. Check your deed and Declaration now, before a dispute arises.
How to Find Out Which Type You Have
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Check These Three Documents
- Your deed: Does it specifically describe a parking space by number? If yes — likely deeded. If it only describes the unit — likely assigned.
- Your Declaration of Condominium: Look for how parking spaces are defined — are they listed as part of the unit, or as limited common elements assigned to units?
- Your closing documents: Did you receive a separate deed or title for a parking space? Or was parking mentioned only as an assignment or inclusion?
Why It Matters — Real Situations
Situations Where the Distinction Changes Everything
- Selling your unit: A deeded space transfers by deed. An assigned space may need to be formally reassigned by the association — check your documents and ask management early in the selling process.
- Renting your space: Deeded space owners may be able to rent the space separately. Assigned space holders generally cannot — it's association property.
- EV charging: Florida's EV charging rights law applies to your designated parking space — both deeded and assigned spaces are typically covered, but the installation process may differ.
- HOA disputes: If the HOA tries to relocate your space, the strength of your objection depends entirely on whether you own it (deeded) or merely have a right to use it (assigned).
- Foreclosure: A deeded parking space can be foreclosed on separately in some circumstances. An assigned space cannot — it's not yours to lose.
For boards: Reassigning assigned parking spaces — even limited common elements — requires clear authority in your governing documents and proper notice to affected owners. Do not attempt to reassign parking without association counsel review. Even assigned spaces carry significant owner expectations and disputes are common.
This is general legal information, not legal advice. The distinction between deeded and assigned parking is fact-specific and depends entirely on your deed and Declaration. If you are in a dispute about your parking space or trying to understand your rights before a sale, consult a Florida real estate attorney.